WHAT IS NOT COVERED
DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered:
— Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; — Misuse of the vehicle;
— Installation into unapproved applications and installations; — Alterations or modification of the transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) — Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled. CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s). DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR’S MANUAL — Defects and damage caused by any of the following are not covered:
— Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator’s Manual. MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered. EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs. “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.
OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.
PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
OTHER TERMS APPLICABLE TO OTHER END-USERS
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED
ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON
TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.
QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:
Allison Transmission, Inc.
P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9
Form SE0616EN (201009)
Warranty Begins:
The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per
occurrence is available for the first three (3) years.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage
1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of delivery to the first retail purchaser.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.
This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.
Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission.
Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization.
Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2012 WA0216
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency response for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty.
Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a description of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period.
Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre-approved) by UPF. The warranty will not cover tanks that have been improperly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or removed. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement.
Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF.
In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Department of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser’s responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their designee. UPF will make every reasonable effort to support our products though alternative means.
For Ellipse™ elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub-frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub-frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer.
For PolySide® wetsided tanks and Integrator™ Tank/Body units, all polypropylene components related to the tank shall carry the standard UPF lifetime
WARRANTY
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ UNITED PLASTIC FABRICATING, INC.
LIFETIME SERVICE WARRANTY
Continued on back
E f f e c t i v e 1 A u g u s t , 2 0 0 9
service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and Integrator™ units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware.
All UPF tanks 50 gallons or less utilized for non-fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF Protector™ foam and water trailers are warranted under a separate warranty policy available from UPF.
This UPF warranty is transferable within the United States only with prior written approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus).
UPF will NOT reimburse any unnecessary work and/or work that has not been pre-approved. Any and all third party charges must be preauthorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modifications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty.
In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or damage, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub-frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility.
This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any person supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS
NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.
WARRANTY
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ UNITED PLASTIC FABRICATING, INC.
POLY-TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ are trademarks of UPF, Inc. © 08/01/09 UPF, Inc. Printed in the USA Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0009
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.
This warranty does not apply to damage caused by corrosion.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
The apparatus body shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Limited FM-7.2-119 / Rev J
Warranty R•O•M Corporation • 6800 East 163rd Street • Belton, Missouri 64012 • 800-827-3692 07-08-11 1 LIMITED WARRANTY
(Effective 07-08-2011)
SECTION 1 - WARRANTY TERMS
R•O•M Corporation (“R•O•M”) warrants that the equipment and parts sold by it (collectively, the “Product”) will be free from manufacturing defects for a period of up to 7 years from date of purchase provided that the Product is used under conditions of normal use, that regular periodic maintenance and service is performed and that the Product was installed in accordance with R•O•M’s instructions.
The limited warranty is not transferable in the event the Product is sold, traded or transferred to another party.
SECTION 2 - EXCEPTIONS TO WARRANTY TERMS
2.1 R•O•M Replacement Parts:
a. Warranty period for manufacturing defects equivalent to warranty of original product.
2.2 R•O•M Roll-up Shutter Door / Horizontal Hose Bed Cover:
a. Warranty period for manufacturing defects is 7 years from the date of purchase (excluding electrical components). b. LED V3 Lightbar components - Warranty period for manufacturing defects is 7 years from the date of purchase. c. Door ajar switch - warranty period for manufacturing defects is 3 years from the date of purchase. d. All other electrical components – warranty period for manufacturing defects is 1 year from the date of purchase. e. Perfect Match Wet Paint System™:
x PPG Delta / Delfleet: Covered 100% for 84 months from date of purchase for excessive loss of gloss caused from cracking, checking and hazing. Covered 100% for 84 months from date of purchase for cracking or checking, peeling or de-lamination of the topcoat or other layer of paint. x Sikkens Autocoat LV: Covered 100% for 84 months from date of purchase for items directly related to durability and appearance of the topcoat (gloss, color retention, cracking). Covered for 72 months from date of purchase, for items related to the integrity of the entire coating system (adhesion, peeling), coverage will be 100% for the first 36 months from date of purchase, from the 37th month to the 48th month from the date of purchase coverage will be 50%, from the 49th month to the 72nd month from date of purchase coverage will be 25%. x DuPont Performance Coating products – Imron and Imron Elite: R•O•M warrants that finished areas will be free throughout the warranty period from: corrosion, blistering, cracking, peeling, hazing, chalking, delamination, and unreasonable loss of gloss throughout the entire finished area. Covered 100% for 60 months from date of purchase, coverage will be 75% from the 61st month to the 72nd month from the date of purchase, and coverage will be 50% from the 73rd month to the 84th month from date of purchase. x Other: Contact factory.
2.3 R•O•M Extreme Cargo Tray and Slides:
a. Warranty period for manufacturing defects is 7 years from the date of purchase.
2.4 DuroLumen™ LED V3 Light:
a. Warranty period for manufacturing defects to the original consumer/purchaser is 7 years from the date of purchase.
Limited FM-7.2-119 / Rev J
Warranty R•O•M Corporation • 6800 East 163rd Street • Belton, Missouri 64012 • 800-827-3692 07-08-11 2 2.5 LoadMaker™ Bulkhead (3” construction):
a. Warranty period for manufacturing defects is 1 year from the date of purchase. b. Core: For the life of the bulkhead, the core will not delaminate or break from flexural movement along the length of the core.
2.6 Center ZoneMaker™ Bulkhead (2” construction):
a. Warranty period for manufacturing defects is 1 year from the date of purchase. b. Core: For period of 5 years from date of purchase, the core will not delaminate or break from flexural movement along the length of the core.
2.7 T-WarrioR™ Bulkhead (3” construction):
a. Warranty period for manufacturing defects is 1 year from the date of purchase.
2.8 R•O•M RoadwarrioR™ and SidekicK™ Ramps, Carriers, Platforms, Ladders, etc...:
a. Warranty period for manufacturing defects is 1 year from the date of purchase.
2.9 R•O•M LinksGuard™ Chain Gates, Dock Gates, Truck Gates, etc…:
a. Warranty period for manufacturing defects is 1 year from the date of purchase.
SECTION 3 - EXCLUSIONS FROM WARRANTY
3.1 This limited warranty does not cover normal maintenance, service and adjustments or damage to Product relating to:
a. Accident, alteration, misuse, negligence, abuse, vandalism or physical damage; b. Any repair, replacement or alteration by a facility not approved in advance by R•O•M; c. Improper installation (including electrical damage caused by improper installation), failure to follow the installation instructions provided by R•O•M;
d. Use inconsistent with the instruction manual or abuse; e. Use of equipment or parts not manufactured by R•O•M; f. Fire, explosion, implosion, flood, earthquake, lightning strike, acid rain, chemical fallout, catastrophic event, or other act of God or nature;
g. Exposure to severe environmental conditions or excessive heat; h. Exposure to chemicals and other substances (other than cleaning agents specifically recommended in the instruction manual);
i. Exposure to unintended uses and/or substances;
j. Acts or omissions of any carrier delivering the Products; k. Any failure to care for or maintain the Products in accordance with the instruction manual; l. Damage to the R•O•M Roll-up Shutter Door resulting from the door being left in the open position while the vehicle is in motion.
m. Damage to the R•O•M Roll-up Shutter Perfect Match Wet Paint System™ resulting from or relating to:
x Application or removal of stickers, decals, adhesive tapes or adhesives of any kind or other subsequently applied signs, artwork or lettering; or
Limited FM-7.2-119 / Rev J
Warranty R•O•M Corporation • 6800 East 163rd Street • Belton, Missouri 64012 • 800-827-3692 07-08-11 3 x Accidents, scratches, abrasions, chips, bruises and gloss reduction to the Perfect Match Wet Paint System™ caused intentionally, accidentally or by normal vehicle use and maintenance; or x Hazing, chalking, loss of gloss or peeling of the Perfect Match Wet Paint System™ caused by improper care, abrasive polishes, aggressive chemicals, cleaning agents, heavy-duty pressure washing or aggressive mechanical wash systems; or
n. Damage to the LoadMaker™, ZoneMaker™, or T-WarrioRTM bulkheads resulting from excessive compressive forces of any kind, any puncture, cutting, or ripping.
o. The DuroLumen™ LED V3 Light limited warranty does not apply to:
x Severe applications, such as off-road vehicles, construction equipment, buses, or external applications (these applications are examples only and are not all inclusive of such excluded applications); or x Damage due to chemicals and or incompatible cleaners.
SECTION 4 - CONDITIONS OF WARRANTY
4.1 This limited warranty is conditioned upon and will be invalidated by failure to comply with the following conditions:
a. The Product and any ancillary equipment, components or parts must be installed in accordance with the instruction manual provided by R•O•M.
b. Regular maintenance and service must be performed on the Products; c. The Products must be put to their intended use;
d. Replacement parts must be manufactured by R•O•M;
e. Complete compliance with the claims procedure set forth in Section 5 below; and f. R•O•M must have received full and timely payment of all invoices issued to the customer.
SECTION 5 - NOTICE OF CLAIMS AND REPLACEMENT POLICY
5.1 Claims under this limited warranty must be in writing and presented to and received by R•O•M Corporation at 6800 East 163rd Street, Belton, Missouri 64012, within the applicable warranty period set forth in Sections 1 and 2 above. All claims must include the serial number of the Product, the name of the purchaser, and the date the alleged problem was discovered. Within 30 business days of receiving a written claim pursuant to Section 5.1, a member of R•O•M’s staff will contact the customer and arrange for a time and place for a R•O•M representative to inspect the Products, if necessary. Alternatively, R•O•M may request the return of the Product.
If R•O•M instructs the customer to return the Products to R•O•M, the item will be assigned a Return Goods Authorization (“RGA”) number and the item must be returned to R•O•M within 30 days of the RGA number being assigned. If the item is not returned within 30 days of the assignment of the RGA number, this limited warranty will terminate and R•O•M will have no further liability or obligation with respect to that Product.
5.2 After a representative of R•O•M inspects the Products or assesses the problem, R•O•M will take appropriate action, in its sole discretion, to remedy the alleged problem. If the claim is for a manufacturing defect, R•O•M must be satisfied, in its sole discretion, that the Products were defective at the time it left R•O•M’s factory.
5.3 If R•O•M ships replacement parts prior to the receipt of the allegedly defective part, the replacement part at R•O•M’s discretion will be invoiced FOB Belton, Missouri and upon receipt of the allegedly defective part, R•O•M will credit the customer’s account, if R•O•M determines, in its sole discretion, that the returned part is covered by this limited warranty.
5.4 Labor reimbursement up to 3 years. R•O•M will determine, at it’s own discretion, the amount of time that it will reimburse for any labor associated with this limited warranty, depending on the nature of the claim. R•O•M will not reimburse any labor connected with the removal or reinstallation of adhesives, decals, stickers, tapes, etc… R•O•M may reimburse for labor with prior approval from an authorized R•O•M representative strictly adhering to the guidelines listed below. This authorization will Limited FM-7.2-119 / Rev J
Warranty R•O•M Corporation • 6800 East 163rd Street • Belton, Missouri 64012 • 800-827-3692 07-08-11 4 pay for removal, replacement and reinstallation of the allegedly defective Product. Warranty coverage only applies to original equipment supplied by R•O•M and does not extend to door attachments including (but not limited to) decals, emblems, stripes and adhesives, equipment removal, compartment configurations (i.e.: false walls, shelves), etc… Reimbursement is for repairs only, travel to and from truck location is not covered.
Guidelines – maximum allowance:
R•O•M Roll-up Shutter Doors and Parts:
x 1 Door 1.5 hours
x 1 Curtain (slats) 1.5 hours
x 1 Door Ajar Switch 1.0 hour
x 1 Bottom Rail Assembly 1.0 hour
x 1 Slat Replacement 1.5 hours
x 1 Operator 1.5 hours
x Other Contact Factory
Other R•O•M Products: (Contact Factory)
Maximum reimbursement rate is $60.00 per hour.
SECTION 6 - REMEDY
6.1 The customer’s exclusive remedy under this limited warranty is the repair or replacement of the Product, as determined by R•O•M in its sole discretion.
SECTION 7 - LIMITATION OF LIABILITY
7.1 THE LIMITED WARRANTY DESCRIBED ABOVE IS THE ONLY WARRANTY MADE BY R•O•M
CORPORATION, AND SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. R•O•M CORPORATION SHALL NOT BE LIABLE FOR ANY OTHER DAMAGE OF ANY
KIND INCLUDING, BUT NOT LIMITED TO, PUNATIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST SALES, OR INJURY TO PERSON OR PROPERTY. NO REMEDY FOR SUCH DAMAGES SHALL BE AVAILABLE REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY.
7.2 NO STATEMENT MADE BY ANY PERSON WITH RESPECT TO ANY PRODUCT SHALL CONSTITUTE A
WARRANTY, BE RELIED UPON ANY CUSTOMER OR BE DEEMED PART OF THIS LIMITED WARRANTY OR ANY SALE AGREEMENT BETWEEN R•O•M AND THE CUSTOMER.
SECTION 8 – CHANGED, RETURNED OR CANCELLED ORDERS
8.1 Changed orders: Alterations or modifications requested within 10 working days (15 working days for painted orders) of the scheduled ship date could result in additional charges for incurred material and labor costs, and may effect the delivery date.
8.2 Cancelled orders: Cancelled orders are subject to a 10% cancellation fee.
8.3 Returned items: With prior approval goods may be returned within 10 business days of invoice date (excludes custom made products & parts). Returned goods are subject to a 15% restocking fee. No credit allowed for goods returned without prior approval.
Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-2891 (04/15/20)
Waterous Seven-Year Limited Warranty
WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS’ plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for:
(a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer;
(c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.).
ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES.
The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to:
(a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or
(c) the refund or crediting to Buyer of the net sales price of the defective product or part.
BUYER’S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER.
Warranty Begins:
Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Material and Workmanship
Stainless Steel Piping
1. LIMITED WARRANTY
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of the original purchase invoice (issued when the product ships from the factory).
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
stainless steel piping or components which Pierce
determines to have failed due to defective material and workmanship, or perforation caused by corrosion.
This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 3/22/2012 WA0035
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover repair due to accidents,
misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty.
This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as
recommended. Performance of the required maintenance
and use of proper fluids are the responsibility of the owner.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
One (1) Year & Five (5) Year Warranty Period
Ends After:
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 1/30/2013 WA0231
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
Fire and Rescue Apparatus
Coverage:
One (1) Year Material and Workmanship Foam System & Five (5) Year Material and Workmanship Control Head
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Limited warranty 1 year parts and labor for for the foam system and 5 years parts and labor for the control head.
1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
Fire and Rescue Apparatus
Coverage:
Twenty (20) Year Structural Integrity
Pierce Aerial Device
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Each new Pierce Aerial Device shall be free from defects in material and workmanship.
Aerial Device Models Covered by this warranty include:
Aerial Platforms
Aerial Ladders
SkyBoom
1. LIMITED WARRANTY
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty applies only to the torque box, turntable, aerial sections and other structural components of the aerial
device, as identified in the Pierce specifications for the aerial device. This warranty shall be void if, or to the extent that the aerial device is not maintained in strict compliance with NFPA Standard 1911 in effect at time of sale, including such periodic inspections and testing by qualified third parties as are required by that Standard as it may be in effect from time to time. Proof of such compliance shall accompany any
claims under this warranty. Third party testing agencies known to Pierce to be qualified for such purposes may be obtained from the Pierce Customer Service Department
This warranty does not apply to damage caused by
corrosion.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.
Twenty (20) Years
- or -
100,000 Miles
Warranty Period
Ends After:
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 10/23/2013 WA0052
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. {00046826;v2}
AMITY FIRE AND SAFETY, INC.
3750 CHESTNUT ROAD
ALBURTIS, PA 18011-0451
Phone: 610-966-3115
Fax: 610-965-6313
* STANDARD FIVE YEAR WARRANTY *
(standard warranty is in effect for parts shipped after 4/15/10) Three Function Swivel
A. PRESHIPMENT TESTING The Three Function Swivel fabricated by Amity which is exposed to pressure during normal use is subject to final inspection using the following pressure minimums:
1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system.
2. Hydraulic applications will be tested to 4000 PSI. System operating pressure in application to be 3000 PSI maximum.
3. Dielectric and Continuity Test all circuits. 30 Amp max current loading.
B. THREE FUNCTION SWIVEL MAINTENANCE – Our Three Function Swivel has been fully tested at assembly. Under no circumstances is there to be any maintenance performed internally or externally to the Three Function Swivel by Purchaser or any other third party other than an authorized representative of or Amity itself. The Three Function Swivel is sealed and must remain so. The Three Function Swivel is designed for a long maintenance free life. Should any problems occur or replacement be necessary, first contact Amity. There is to be no field maintenance performed on the Three Function Swivel .
C. MOUNTING REQUIREMENTS – The following are the mounting requirements for the Three Function Swivel:
1. Mounting points and methods are to be determined at the initial design stage. All drawings and applicable documentation must be signed off by both parties and filed for future reference. No deviation to the approved mounting is allowed without approval from Amity.
2. The Three Function Swivel is to be mounted concentric to the center of the turntable bearing.
3. All inlet and outlet plumbing to conform to swivel mounting, under no circumstances is the Three Function Swivel to be positioned to match connections. This will avoid putting excessive loads on the Three Function Swivel. All tubing or piping to be supported by means other than the Three Function Swivel.
D. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED.
1. The Three Function Swivel is warranted to be free of defects in labor and/or materials for a period of five (5) years from the Date of Service. For purposes here, “Date of Service” shall mean the date when the Three Function Swivel, or the unit to which the Three Function Swivel is incorporated, passes final Underwriters Laboratory testing, or similarly compliant testing, and is certified for service. Evidence of such Date of Service shall be required in connection with any warranty claim by Purchaser.
2. The Three Function Swivel shall be repaired or replaced at the sole option and expense of the Amity provided the Three Function Swivel alleged to be defective was used for its intended normal use of operation and subject to the following qualifications and limitations.
3. Any alteration of the Three Function Swivel without consent from Amity is strictly forbidden and shall void warranty.
4. No welding shall be performed on finished Three Function Swivel.
5. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water or hydraulic systems such as, but not limited to stones, sand or metal chips.
6. Amity assumes responsibility for our Three Function Swivel, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our Three Function Swivel unless it agrees in writing to assume such responsibility.
7. Unless otherwise approved in writing by the Amity all returns of defective Three Function Swivels (or allegedly defective Three Function Swivels) are at Purchaser’s expense and must include a RGA number issued by the Amity. {00046826;v2}
8. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved.
9. Amity will not be held liable for damage incurred during shipment.
10. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Three Function Swivel and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use.
THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR
INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT,
HOWEVER, THE WARRANTY PERIOD OF FIVE YEARS IS FROM THE DATE OF SERVICE WITH THE UNDERSTANDING IT IS INSTALLED WITHIN A REASONABLE TIME PERIOD.
Dated: _______________ ____, 20__
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 6/28/2011 WA0200
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES
ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
Pierce's obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
hydraulic lines, fittings, valves, seals, cylinders, filters, pumps, hydraulic motors, rotary actuators, or components which Pierce determines to have failed due to defective material and workmanship.
This warranty shall not apply unless the aerial device is inspected in accordance with NFPA 1911 Standard for
Inspection, Maintenance, Testing, and Retirement of InService Automotive Fire Apparatus and the applicable Pierce Operator and Maintenance Manuals.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Five (5) Year Material and Workmanship Aerial Hydraulic System Components
Three (3) Year Material and Workmanship Aerial Hydraulic System Seals
Five (5) Years and Three (3) Years Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
The aerial hydraulic system components and seals shall be free from component or structural failures caused by defects in material and/or workmanship.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
{00046826;v2}
AMITY FIRE AND SAFETY, INC.
3750 CHESTNUT ROAD
ALBURTIS, PA 18011-0451
Phone: 610-966-3115
Fax: 610-965-6313
* STANDARD TEN YEAR WARRANTY *
(standard warranty is in effect for parts shipped after 4/15/10) Telescopic Waterways
A. PRESHIPMENT TESTING All waterways fabricated by Amity are final inspected using the following pressure minimums:
1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system.
B. COMPONENTS DESCRIPTION AND MAINTENANCE
1. All components are thoroughly greased at assembly. Since internally lubricated seals are used, regular greasing is not required. We recommend components not be greased at installation.
2. Slip Tube Assemblies may be greased at the Amity’s regularly scheduled Aerial Inspections. The seals in the Slip Tube Assemblies are self-lubricating, so greasing is not mandatory. We do recommend a visual inspection of the Slip Tube Assembly while it is fully extended after initial installation, from that point on we recommend inspection every ten hours of aerial operation. If any deposits of aluminum appear, they are to be rubbed off using a Teflon scouring pad.
Slip Tube Assemblies are designed to give long maintenance free service; however, like any product, problems may occur and periodic visual inspections will aid in determining if a potential problem exists and warrants a call to us.
Care must be taken to keep debris off of extended tubes. We recommend wiping tubes with light oil (10 weight) or hydraulic oil after use, if tubes appear to have contamination on them. Under no circumstance are tubes to be cleaned with lacquer thinner, or any other solvent.
C. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED.
1. Products are warranted to be free of defects in labor and/or materials for a period of ten years from the date of purchase from the Amity and shall be repaired or replaced at the sole option and expense of the Amity provided the products alleged to be defective was used for its intended normal use operation and subject to the following qualifications and limitations.
2. Any alteration of product without consent from Amity is strictly forbidden and shall void warranty.
3. No welding shall be performed on finished product.
4. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water system such as, but not limited to stones, sand or metal chips.
5. Amity assumes responsibility for our product, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our product unless it agrees in writing to assume such responsibility.
6. Unless otherwise approved in writing by the Amity all returns of defective (or allegedly defective products) are at Purchaser’s expense and must include a RGA number issued by the Amity.
7. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved.
8. Amity will not be held liable for damage incurred during shipment.
9. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Product and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use.
THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR {00046826;v2}
FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR
INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT,
HOWEVER, THE WARRANTY PERIOD OF TEN YEARS COMMENCES UPON INSTALLATION INTO FINAL ASSEMBLY WITH THE UNDERSTANDING IT IS INSTALLED WITHIN SIX MONTHS OF PURCHASE.
Dated: ____________________ ____, 20___
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0047
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:
Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-24 months 100%
25-48 months 50%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-24 months 100%
25-48 months 50%
Corrosion: Dissimilar Metal and Crevice
0-24 months 100%
25-48 months 50%
Corrosion Perforation
0-24 months 100%
25-48 months 50%
This limited warranty applies only to exterior paint.
Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Four (4) Year Pro-Rated Paint and Corrosion
Aerial Device
Four (4) Years Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
Aerial device shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective
manufacturing methods or paint material selection for
exterior surfaces.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0057
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any:
Topcoat Durability & Appearance: Gloss, Color Retention & Cracking
0-72 months 100%
73-96 months 50%
97-120 months 25%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100%
37-84 months 50%
85-120 months 25%
Corrosion: Dissimilar Metal and Crevice
0-36 months 100%
37-48 months 50%
49-72 months 25%
73-120 months 10%
Corrosion Perforation
0-120 months 100%
This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty.
Items not covered by this warranty include:
(a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual).
(b) UV paint fade.
(c) Any cab not manufactured by Pierce.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) Years Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/22/2010 WA0168
1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.
THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE
TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This warranty does not cover damage from lack of
maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and
maintenance manual).
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) Year Warranty Period
Ends After:
The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first. Warranty Begins:
Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration.
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;
4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,
WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW
OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY
PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS
THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,
REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.
If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.
Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.
3. BUYER'S EXCLUSIVE REMEDY.
JROGHQVWDWHĆUHFRP
DEALER SUPPLIED
PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
DEALER SUPPLIED EQUIPMENT and/or SERVICES
The following items and/or services will be provided by Golden State Fire Apparatus Inc. (GSFA) prior to final delivery:
LICENSED MANUFACTURER
The State of California Vehicle Code, section 11701 requires “every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. The manufacturer has a current license at time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.
LICENSED DEALERSHIP
The State of California Vehicle Code, section 11701 requires a “dealer in vehicles of a type subject to registration, shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. Golden State Fire Apparatus, Inc. has a current license at time of bid as outlined above and is available upon request. Temporary licenses are not acceptable.
LICENSED SALES REPRESENTATIVE
The State of California Vehicle Code, section 11800 requires that it shall be “unlawful for any person to function as a vehicle salesperson without having first procured a license issued by the Department of Motor Vehicles (DMV)”. The representative has a current vehicle salespersons license at time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.
VEHICLE REGISTRATION
The State of California Vehicle Code section 11739 requires that the “dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer” through the Department of Motor Vehicles (DMV). Golden State Fire Apparatus, Inc. is a factory-authorized dealer of the vehicle being sold and is authorized to register with the State of California as a new vehicle manufacturer.
GSFA will make all necessary applications and complete all transfer papers, including applying for California Exempt “E” license plates.
WEEKLY PROGRESS PHOTOGRAPHS
GSFA will provide weekly photographs of the apparatus or the major components as they are being constructed. The photographs will commence at the start of the manufacturing process and will continue through production by the manufacturer. The reports will show the progress of the apparatus through the course of each week. Special attention will be given to show the unique features and aspects of the apparatus as construction progresses.
PRE-CONSTRUCTION CONFERENCE
Due to the reduced lead time to complete the proposed vehicle, a pre-construction conference/ order review will not be provided. Any customer requested changes to the proposed specification, will require review for possible approval by the Pierce product management team. Requests will need to be submitted to the customers assigned Golden State Fire Apparatus sales representative for processing to the Pierce team.
FINAL INSPECTION FACTORY TRIP
A final inspection trip to the manufacturing facility will be provided for three (3) Customer representative(s). The intent of this trip is to ensure that the apparatus is built to specification and to detect any deficiencies that require correction. The final inspection trip will have a duration of four (4) days and three (3) nights and be scheduled at times mutually agreed upon between the Golden State Fire Apparatus Sales Consultant and the Customer. Costs for airfare, lodging, meals and ground transportation while at the manufacturer’s location will be the responsibility of GSFA. Air travel will be from one of the following airports: Sacramento, San Francisco or San Jose. Cost of transportation to and from the airport shall be the responsibility of the purchaser.
Costs such as Customer ground transportation in California, Customer airport parking, Customer luggage fees and Customer incidentals while traveling to the factory will be the responsibility of the Customer.
Flight reservations are non-refundable and in the event of a cancellation after booking, the Customer will be responsible for all costs associated with this cancellation, which may include not only the original ticket cost but also any change or cancellation fees imposed by the airline and/ or travel agency. Flight reservations are also non-transferable.
DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will, at their expense, deliver the apparatus (including any applicable equipment, spare parts, and supplies) to their Northern California facility in Sacramento for a dealer preparation inspection.
To ensure proper break in of all components while still under warranty, the apparatus shall be delivered under its own power - rail or truck freight shall not be acceptable.
PRE-DELIVERY SERVICE
After transportation from the factory and prior to delivery, the apparatus will receive a pre-delivery service to confirm proper operation and correction of any issues found as a result of said inspection. The Golden State Fire Apparatus, Inc. pre-delivery service consists of the following:
• Engine Compartment and Undercarriage – Check for any broken mounting brackets and inspect for correct capacities of the following (if applicable): engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear end fluid, pump transmission oil, and primer oil. • Interior – Operate all doors, windows, and locks for proper adjustment. Check upholstery. • Exterior – Repair reasonable paint scratches or chips. Tighten any loose hardware and inspect tires and wheels for proper pressure and lug torquing.
• Road Test – With the water tank (if applicable) full, the apparatus will be driven approximately twenty miles which allows the drive train components to get up to operating temperature. Road test will be on both city and highway roads. A DOT compliant brake test will be conducted to ensure the system is holding air. The brake condition and wheel seals will also be inspected. • Electrical - Operate all lights, sirens, and other electrical accessories to verify operation. • Pump - If applicable, vacuum test the pump to hold for 15 minutes. After vacuum test, operate the relief valve, transfer valve and check pump shift. Check water tank for leaks and inspect water level gauge for calibration. With discharge caps loose, rapid test all individual gauges and main gauges for calibration. Lubricate valve rods.
• Foam System – If applicable, tighten caps and connect foam lines. Test selector, valves, metering valve and operation of foam system (including flush).
• Fuel Tank - Fuel tank will be filled at the dealership location prior to final delivery. • DEF Tank - DEF tank will be filled at the dealership location prior to final delivery. • Wash - The apparatus will be thoroughly washed at the dealership location prior to final delivery.
FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will, at their expense, deliver the Product (including any applicable equipment, spare parts, and supplies) to the Customer specified address once completed. Prior to delivery of the Product, Customer agrees to provide proof of liability and physical damage insurance to GSFA. GSFA will not release the Product to the Customer until such proof of insurance is provided.
It is the responsibility of the Customer to have any outstanding balance due, paid in full to GSFA, prior to or at the time that the Product is complete and ready to deliver. If payment is late or delivery is delayed pending payment, a daily finance charge of $150.00 and a daily storage fee of $50.00 may apply until such payment is received.
Due to insurance liability, the Product will not be delivered without full acceptance and full payment (or prior written agreement between the Customer and GSFA).
DEALER PROVIDED LOOSE EQUIPMENT
Prior to final delivery of the specified vehicle to the customer location, the following items will be provided by the dealer:
• One (1) 4.00” FNST x 5” Storz 30 degree elbow adapter w 5” Storz cap and chain (LDH discharge adapter)
• Two (2) 2.50” FNST x 1.50” MNST chrome reducer w cap
• One (1) 5” FNST x 5” Storz adapter w 5” Storz cap and chain (rear aerial inlet adapter) • Two (2) 12’ Fire Hooks fiberglass NHF-12 pike poles
• Two (2) 8’ Fire Hooks fiberglass NHF-8 pike poles
• Two (2) 6’ Fire Hooks New York Roof Hook tools w steel shaft and pry end – RH6 • Two (2) 8’ Fire Hooks Trash Hook tools w D handle rotated 90 degrees – TRH-8 END OF EXHIBIT “D”
Phone: 888.777.7850
Fax: 888.777.7875
Cell: 785.313.3154
www.clpusa.net
Customer Name:
Sales Representative:
•
•
•
Blake J. Kaus
Vice President & Director of Leasing
[email protected]
Interest Rate: 5.49%
$ -
Factor:
$ 1,628,472.25 Payment Frequency:
0.240355
$203,799.99
Down Payment:
Prepayment Discount:
8 $ 500,000.00 First Payment:
0.136151
$182,831.80
5.49% 5.49% 5.49%
$153,643.17
$ 1,128,472.25
0.180598 0.162017
215 S. Seth Child Road
Manhattan, KS 66502
Payment: $271,234.27
August 1, 2025
Annual
7 $248,949.52
Term in Years:
Payment:
8 Total Cost:
Regular Lease Amt:
Prepayment Discount:
Jon Bauer @ Golden State Fire Apparatus
Factor:
10 Option 2
Delivery: Estimated 2 years
First Payment:
$187,681.04
Payment Frequency:
Amount Financed:
$ 250,000.00
$ -
January 24, 2024
Interest Rate:
Option 1
Gridley, CA
Term in Years: 5 7 10
0.136151
5.49% 5.49%
Martin Pineda, Finance Director
$223,336.07
Amount Financed:
5.49%
$ 1,628,472.25
Community Leasing Partners, a Division of Community First National Bank , is pleased to present the following financing options for your review and consideration.
One Pierce Aerial
Total Cost: Annual
0.162017
Equipment:
$ 1,378,472.25
August 1, 2025
0.240355 0.180598
5.49%
5 $331,323.09
A Division of Community First National Bank - Member FDIC THERE ARE NO DOCUMENTATION OR CLOSING FEES ASSOCIATED WITH THIS PROPOSAL.
This proposal has been prepared assuming the lessee is bank qualified and that the proposed lease qualifies for Federal Income Tax Exempt Status for the Lessor under Section 103 of the IRS Code.
Thank you for allowing Community Leasing Partners the opportunity to provide this proposal. If you have any questions regarding the options presented, need additional options, or would like to proceed with a financing, please contact me at 1-888-777-7850.
Respectively,
The quoted interest rate is valid for 10-days from the date of the proposal. To lock in the interest rate, a credit submission would be required, and a credit approval attained within the same 10-day period. This financing is to be executed & funded within 30 days of the date of the proposal or Lessor reserves the right to adjust the interest rate. The proposal is subject to credit review and approval and mutually acceptable documentation.
City Council Agenda Item #7
Staff Report
Date: February 5, 2024
To: Mayor and City Council
From: Dave Harden, City Engineer
Ross Pippitt, Director, Public Works Department
Subject: Resolution Number 2024-R-003: Resolution of the City Council of the City of Gridley accepting the existing constructed 8” sanitary sewer line and offer of dedication of an easement for sanitary sewer purposes on the east side of State Route 99 lying across three parcels. (APN 024-260-097, 024-260-096, and 024- 260-078)
Recommendation
Staff respectfully requests that Council adopt Resolution Number 2024-R-003: Resolution of the City Council of the City of Gridley accepting the existing constructed 8” sanitary sewer line and offer of dedication of an easement for sanitary sewer purposes on the east side of State Route 99 lying across three parcels. (APN 024-260-097, 024-260-096, and 024-260-078) Summary
The Sunrise Senior Apartment project constructed an 8” sanitary sewer line to serve the project from its property north to intersect with the Dollar General manhole. The sewer line was constructed to serve the four parcels on the east side of State Route 99. The construction was supported by the city in order to expedite the project and to mitigate the significant number of conflicts of other utilities crossing at the location if it were constructed to the main sewer line across State Route 99 on the west side.
Simultaneously, Caltrans has been working on the design of the Highway 99 State Highway Operation and Protection Program (SHOPP) which includes repaving Hwy 99. The provision of the sewer line along the frontage of the three parcels provided sewer service to a total of 4 parcels thus removing the need and/or impact of future crossings across the SHOPP project new pavement.
Discussion
The Sunrise Senior Apartment is located on the east side of Highway 99, south of Dollar General as shown in Figure 1 below. The apartment complex has been completed and is fully occupied.
The 8” sanitary sewer line is shown in Figure 1 as a yellow line. The line crosses the Sunrise Senior property, traverses north through the Takhar property and connects to the manhole on the Dollar General site.
X Regular
Special
Closed
Emergency
The benefit of the sanitary sewer line alignment on the frontage of the Highway 99 properties is that future development may connect to the line without disrupting or disturbing improvements planned for the SHOPP project by Caltrans.
The line is considered as a sanitary sewer mainline as it serves four parcels. In accordance with Chapter 13, Section 13.04.120, an easement is required to be provided to enable the city to maintain the extension of the sewer line. The three owners of the properties over which the 8” sanitary sewer line has been constructed have expressed a willingness to create said easement as evidenced by Attachment 2, Exhibits A-C. If the City Council accepts the line as a mainline along with the easements, it will ensure maintenance and any future issues are promptly solved. Chapter 13, Section 13.04.150 defines the responsibility for the maintenance of the sewer line and the laterals that may be connected to it. This section clarifies that the owner of the lateral from a structure connecting to the sewer mainline is responsible for the maintenance and to ensure any blockages are cleared in the lateral to the main sewer line. The city will not be responsible for the laterals that connect to the mainline. If it remained a private line, it would be difficult to find the causes and expedite repairs if needed.
Figure 1: Location 8 “Sanitary Sewer line
Sunrise Senior
Apartments,
Completed
N
Dollar General
8” SS line
Takhar
The easement is configured across the parcels:
Conclusion
The Public Works Department Director and City Engineer recommend accepting the 8” sanitary sewer line and easement for access to maintain the line which will serve four parcels.
Public Notice
A notice was advertised 72 hours in advance of the hearing date, posted at City Hall, made available at the Administration public counter and placed on the city website for review.
Environmental Review
In accordance with CEQA Section 15061 (b) (3) The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA
Financial Impact
There are no direct or indirect costs to the city other than staff time in the preparation of the proposed easements.
8” Sanitary Sewer line and
proposed 15-foot easement
Dollar General (Sixth Sands)
Takhar
Sunrise Senior
Note: The dashed lines represent the lot line
adjustment for Sunrise Senior and Takhar
properties and are not a part of this project.
Figure 2: Location Sanitary Sewer Easement
Compliance with City Council Strategic Plan or Budget Goals This recommendation is consistent with the ongoing effort to be responsive and transparent regarding all engineering and financial matters.
Attachments
Resolution No. 2024-R-003
Easement Exhibits
a. Exhibit A- Gridley Senior Associates to City of Gridley b. Exhibit B- Sarbjit Takhar to City of Gridley
c. Exhibit C- Sixth Sands to City of Gridley
RESOLUTION NO. 2024-R-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRIDLEY ACCEPTING THE EXISTING CONSTRUCTED 8” SANITARY SEWER LINE AND OFFER OF DEDICATION OF AN EASEMENT FOR SANITARY SEWER PURPOSES ON THE EAST SIDE OF STATE ROUTE 99 LYING ACROSS THREE PARCELS. APN 024-260-097, 024-260-096, AND 024-260-078) WHEREAS, all new developments are required to construct utility lines for water, sanitary sewer, and electric to service new development; and, WHEREAS, the Developer requested the city allow the construction of an 8” sanitary sewer line to serve four existing properties for future development; and, WHEREAS, the Developer, Pacific West Builders, Inc and/or its partners constructed an 8” sanitary sewer line to serve four separate parcels so new construction would not impact improvements constructed by the State of California, Department of Transportation as a part of the State of California “State Highway Operations and Protection Program” (SHOPP); and, NOW, THEREFORE, BE IT RESOLVED:
1. The City of Gridley accepts the constructed 8” sanitary sewer line to serve 024-260-097, 024- 260-096, 024-260-078 and 024-260-087.
2. The City of Gridley accepts the 15-foot (±) sanitary sewer easement as shown on Exhibits A, B, and C, attached hereto.
I HEREBY CERTIFY that the foregoing resolution was introduced, passed, and adopted by the City Council of the City of Gridley at a regular meeting held on the 5th day of February, 2024 by the following vote:
AYES: AGENCY MEMBERS
NOES: AGENCY MEMBERS
ABSTAIN: AGENCY MEMBERS
ABSENT: AGENCY MEMBERS
ATTEST: APPROVE:
____________________________ ________________________________ Elisa Arteaga, City Clerk Michael Farr, Mayor
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS
DIRECTED ABOVE
SAME AS ABOVE
Name Street Address City & State
Recording Requested By
City of Gridley
When Recorded Mail To
City of Gridley
685 Kentucky Street
Gridley, CA 95948
EXEMPT FROM RECORDING FEES PURSUANT TO GOV'T. CODE SECTION 27383 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922.
Portion of APN 024-260-097
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT DEED OF EASEMENT
The undersigned grantor(s) declare(s):
Documentary transfer tax is $___-0-___City Transfer Tax: $_-0-_ ( ) Unincorporated Area ( x ) City of Gridley
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gridley Senior Associates, a California Limited Partnership Hereby GRANT(S) to City of Gridley, a California municipal corporation The land described herein is situated in the State of California, County of Butte, City of Gridley, described as follows:
An easement for Sanitary Sewer purposes, as described in Exhibit “A” and shown in Exhibit “B” attached hereto and made a part hereof.
Dated: __________________________
BY:
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS
DIRECTED ABOVE
SAME AS ABOVE
Name Street Address City & State
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of _________________________ )
) ss.
County of _______________________ )
On ________________________________________________________________________ before me, ___________________________________________________________________________________, Notary Public personally appeared ________________________________________________________ ____________________________________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
SIGNATURE _______________________________________
SIGNATURE _______________________________________
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS
DIRECTED ABOVE
SAME AS ABOVE
Name Street Address City & State
Recording Requested By
City of Gridley
When Recorded Mail To
City of Gridley
685 Kentucky Street
Gridley, CA 95948
EXEMPT FROM RECORDING FEES PURSUANT TO GOV'T. CODE SECTION 27383 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922.
Portion of APN 024-260-096
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT DEED OF EASEMENT
The undersigned grantor(s) declare(s):
Documentary transfer tax is $___-0-___City Transfer Tax: $_-0-_ ( ) Unincorporated Area ( x ) City of Gridley
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sarbijit S. Takhar, an unmarried man
Hereby GRANT(S) to City of Gridley, a California municipal corporation The land described herein is situated in the State of California, County of Butte, City of Gridley, described as follows:
An easement for public Sanitary Sewer purposes, as described in Exhibit “A” and shown in Exhibit “B” attached hereto and made a part hereof.
Dated: __________________________
Sarbijit S. Takhar
______________________________________________
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS
DIRECTED ABOVE
SAME AS ABOVE
Name Street Address City & State
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of _________________________ )
) ss.
County of _______________________ )
On ________________________________________________________________________ before me, ___________________________________________________________________________________, Notary Public personally appeared ________________________________________________________ ____________________________________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
SIGNATURE _______________________________________
SIGNATURE _______________________________________
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS
DIRECTED ABOVE
SAME AS ABOVE
Name Street Address City & State
Recording Requested By
City of Gridley
When Recorded Mail To
City of Gridley
685 Kentucky Street
Gridley, CA 95948
EXEMPT FROM RECORDING FEES PURSUANT TO GOV'T. CODE SECTION 27383 AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922.
Portion of APN 024-260-078
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT DEED OF EASEMENT
The undersigned grantor(s) declare(s):
Documentary transfer tax is $___-0-___City Transfer Tax: $_-0-_ ( ) Unincorporated Area ( x ) City of Gridley
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sixth Place Sands, LLC
Hereby GRANT(S) to City of Gridley, a California municipal corporation The land described herein is situated in the State of California, County of Butte, City of Gridley, described as follows:
An easement for Sanitary Sewer purposes, as described in Exhibit “A” and shown in Exhibit “B” attached hereto and made a part hereof.
Dated: __________________________
BY:
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS
DIRECTED ABOVE
SAME AS ABOVE
Name Street Address City & State
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of _________________________ )
) ss.
County of _______________________ )
On ________________________________________________________________________ before me, ___________________________________________________________________________________, Notary Public personally appeared ________________________________________________________ ____________________________________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.
SIGNATURE _______________________________________
SIGNATURE _______________________________________
City Council Agenda Item #8
Staff Report
Date: February 5, 2024
To: Mayor and City Council
From: Donna Decker, Planning Department
Subject: Council Consideration to support the amendment of the Capital Improvement Program for the transfer of Vermont Street right-of-way to the Gridley Unified School District
Recommendation
Review and discuss the potential transfer of a portion of Vermont Street right-of-way to the Gridley Unified School District and authorize the City Administrator to coordinate efforts to move forward and provide project information at a future meeting.
Summary
The city received a letter from the Gridley Unified School District with an interest to acquire a portion of Vermont Street to expand school classrooms meeting the future growth of the city. Superintendent, Justin Kern, and Board President Eric Waterbury approached the city to consider transferring a portion of Vermont Street right-of-way to the GUSD.
Discussion
The GUSD is working on plans to determine how expansion at school sites can occur. One alternative conducive to the best financial opportunity is to utilize the Vermont right-of-way to add structures for the expansion of the primary and elementary schools.
If the City Council amends the Capital Improvement Program adding the abandonment of a portion of Vermont Street thus deeding that right-of-way to GUSD, the city administrator can explore what the city would need to do. Along with adding this project to the CIP, a budget amount of $5,000 would be added for efforts towards this consideration.
X Regular
Special
Closed
Emergency
N
Vermont Street
Figure 1: Location Proposed Vermont Street Closure
Vermont Street is currently kept
closed during school hours. City
staff and consultants met to discuss
if there would be any impacts
specific to life safety if the right-ofway were to be deeded to GUSD.
Both Police and Fire believed there
would be no impact to their
services. The Department of Public
Works noted there is a 12” sanitary
sewer located approximately in the
center of the road; however, an
easement could be documented so
that it can be maintained by the city.
Conclusion
Dedicating the Vermont Street right-of-way to GUSD would facilitate the growth the school needs to make. This item is a motion and roll call vote by the City Council.
Public Notice
A notice was advertised 72 hours in advance of the hearing date, posted at City Hall, made available at the Administration public counter and placed on the city website for review.
Environmental Review
In accordance with CEQA Section 15061 (b) (3) The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Financial Impact
The financial impact would be staff costs for the city to examine the proposal from the Gridley Unified School District. Future supplemental appropriations may follow as the project moves forward.
Compliance with City Council Strategic Plan or Budget Goals This recommendation is consistent with the ongoing effort to be responsive and transparent regarding all planning, engineering and financial matters.
Attachments
Letter of Interest from Gridley Unified School District January 25, 2024
�� II Dedic�tcd To ua1 tEOuCation
Gridley Unified School District
429 Magnolia Street Gridley, California 95948-2533
Phone (530) 846-4721 Fax (530) 846-4595
Justin Kern, Superintendent
Fr: Justin Kern, Superintendent
Attn: Elisa Arteaga, Gridley City Manager
Members of Gridley City Council
Re: Dedication of Land
To Whom It May Concern:
The purpose of this correspondence is to express our interest in the dedication of land for two projects that we believe will be beneficial for our community.
1. The Gridley Unified School District has an interest in deeding a roughly .51 acre strip of land on the Northern Boundary of the district owned parcel of land (APN 010-270-033) for the completion of Laurel Street and to provide access to future residential projects.
2. The district would like to seek permission to permanently close Vermont Street to the general public for the purpose of school expansion and safety. The area of street is located between APN 010-041-001 (Sycamore Middle School) and APN 010-051-001 (McKinley Primary School). The Gridley Unified School District acknowledges that access for public safety agencies will be built in and that all appropriate easements for city services will be provided.
If you have any further questions regarding our intentions on these two projects, please do not hesitate to reach out.
Thank you for your consideration,
�Justin Kern
Superintendent
BOARD OF TRUSTEES
Eric Waterbury, President Art Cota, Clerk Sonia Zarate
Benjamin Taylor Cheryl Argetsinger Drew Becker Joe Dewsnup
City Council Agenda Item #9
Staff Report
Date: February 5, 2024
To: Mayor and City Council
From: Donna Decker, Planning Department
Subject: Council Consideration to Support the Amendment of the Capital Improvement Program to Extend Laurel Street from Randolph Avenue to Edler Estates Subdivision
Recommendation
Review and discuss the potential extension of Laurel Street from Randolph Avenue to Edler Estates and direct the City Administrator to proceed researching project milestone and funding options and provide information at a future meeting.
Summary
The city received a letter from the Gridley Unified School District with an interest to deed approximately
0.5 acres of the north portion of their property to extend Laurel Street to provide access to future residential projects.
Figure 1: Location Proposed Laurel Street Extension
X Regular
Special
Closed
Emergency
Proposed land for Laurel Street
Right-of-Way
N
GUSD Randolph
School Property
James
Ratliff
Edler
Estates
46 Single
Family
Banes
Family
Pacific
Flyway
69 Single
Family
Discussion
The city has had ongoing discussions over the past three years considering the acquisition of right-of-way from the Gridley Unified School District (GUSD). Attached to the staff report is a letter from Justin Kern, Superintendent, stating the District’s interest in moving forward to deed property to the city for right-of way to extend Laurel Street.
The owner/developer of Edler Estates, James Ratliff, is also interested in deeding right-of-way for the Laurel Street extension.
If the City Council amends the Capital Improvement Program by adding the Laurel Street extension, staff can explore what the city would need to do. Along with adding the Laurel Street extension to the CIP, a budget amount of $5,000 would be added for efforts towards this consideration.
Conclusion
The extension of Laurel Street would provide access to future residential projects in this area. This item is a motion and roll call vote by the City Council.
Public Notice
A notice was advertised 72 hours in advance of the hearing date, posted at City Hall, made available at the Administration public counter and placed on the city website for review.
Environmental Review
In accordance with CEQA Section 15061 (b) (3) The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Financial Impact
The financial impact would be staff costs for the city to examine the proposal from the Gridley Unified School District. Future supplemental appropriations may follow as the project moves forward.
Compliance with City Council Strategic Plan or Budget Goals This recommendation is consistent with the ongoing effort to be responsive and transparent regarding all planning, engineering and financial matters.
Attachments:
Letter of Interest from Gridley Unified School District
City Council Item #10
Staff Report
Date: February 5, 2024
To: Mayor and City Council Members
From: Donna Decker, Planning Department
Subject: Gridley Industrial Park Complex Subdivision Map 2-22 Consideration of the proposal for the development of Parcel 3 of the Industrial Park Complex. (APN 021-240-029)
Recommendation
Staff respectfully requests the City Council:
• Accept the proposal for the development of Parcel 3 and instruct the City Administrator to proceed with the sale of the parcel.
Discussion
On June 21, 2023, the Industrial Park Subdivision Map was recorded in Book 207, pages 38-41 by instrument 2023-0016281. Prior to the recordation of the map, the City Council adopted Resolution No. 2022-R-035 to authorize the City Administrator to execute agreements and contracts on behalf of the City Council.
The City Council has considered and accepted proposals for the development of parcels 2 (Dhami), parcel 8 (Pamma), parcel 9 (Butte County), and parcel 10 (Hansen) in the Industrial Park. The proposed development of Parcel 3 meets the land use requirements of the M-2, Heavy Industrial land use zoning designation. This will leave two parcels for sale; Parcel 4 and Parcel 5 to complete the process of divestment of RDA/Successor Agency lands.
Land Development and sale of Parcel 3 - 2.76 acres
The city has received many calls from interested parties to purchase the parcels that are for sale to complete its divestment of the Industrial Park Capital Assets as outlined in the Long Range Property Management Plan. Mr. Inderjit Singh and Mr. Gurnam Singh have submitted a conceptual plan for the immediate development of the parcel.
When plans are refined, they will provide more detail with connections to existing infrastructure, utilities, architecture, and landscape and irrigation. The intent is to provide industrial structures for heavy equipment, trucking, and maintenance meeting the intent to develop in accordance with the former redevelopment plan land uses.
If the City Council accepts the proposal, the City Administrator may begin the process of sales contracts and agreements.
X Regular
Special
Closed
Emergency
Figure 1: Proposal Parcel 3-2.76 acres-Appraised value = $2.05/sf Key Map – Parcel 3
Parcel 3 consists of 2.76 acres. The appraised value is $2.05/sf which equates to a sales figure of $246,462.48 for the parcel based upon the appraisal conducted by Jodi White Appraisers.
Conclusion
The sale of this parcel will continue to fill the Industrial Park with uses that are in alignment with the intention of the Industrial Park as established by the former Redevelopment Agency.
The Long Range Property Management Plan outlined that the preferred uses should correspond to industrial uses and this proposal is in conformance with those goals.
If the City Council supports this proposal, the city will have only two parcels left to sell to meet its obligations to the state
Public Notice
A notice was posted at City Hall, made available at the Administration public counter, and placed on the City website for review.
Environmental Review
The recommended actions to be taken by the City Council are not projects and not subject to CEQA.
Financial Impact
There are no direct or indirect costs to the City other than coordination for the sale of the property.
Compliance with City Council Strategic Plan or Budget Goals This recommendation is consistent with the ongoing effort to be responsive and transparent regarding all financial matters.
Attchments
None
Gurnam Singh and his family immigrated to the United States of America in 2007 and settled down in Live Oak. He started driving truck for a local company out of Yuba City while his wife worked at Sunrise Kiwi Packing in Gridley. Their children, Inderjit and Barinder, went to school in Live Oak and pursued higher education. Inderjit went on to study at Universal Technical Institute where he earned his certification as a diesel mechanic.
In 2018 Crossroads Carrier INC was established by Gurnam and Inderjit. The father-son duo drove their own trucks and did their own maintenance. Over time they were able to expand their company and now employ over 30 people. Crossroads Carrier has 20 drivers of their own and 10 owner operators that they work with. They also have 4 dispatcher’s that work at their office in Live Oak.
Gurnam and Inderjit’s vision for Crossroads Carrier INC is to find a long-term home where they can conduct all their business in a centralized location. The idea of utilizing this potential site to construct a repair shop to work on their own trucks and build an office to run their business would be a dream come true. The family has roots in Gridley, and they would like to extend their roots by making this city their new home for their business.