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Home My WebLink AboutContract #: 1446 - From: 06-20-2021 To: 06-30-2022 - C.N. Wood Enviro, LLC - DPW TOWN OFNORTI I ANDOVE.R STANDARD SI JORT FORM CONTRACT DOCUMENT CONTRACT NO: Contractor Legal Name: Town Department Name: C.N. Wood Enviro,LLC North Andover Public Works-Engineering Contractor Address: Mailing Address: 200 Merriume Street 384 Osgood Street Woburn,MA 01801 North Andover,MA 01845 Contractor Vendor ID. 9745 Contract Details: Description of Scope(Attach support documentation) Build and purchase of a"Vactor"Truck as detailed on the attached C.N.Wood sales order dated July 20.2021 (See Attached). Begin Date:July 20,2021 End Date:June 30,2022 Rate:$ N/A Not to Exceed Amount,$454,568.00 Contract Signatures Finance Director Contractor Department Head John Borgesi Approved as to the availability of AGREES TO PROVIDE THE ATTACI-f ALL REQUiE-D appropriations GOODS OR SERVICES AS DOCUMENTS INDICATED ACCORDANCE WITH THESE CONTRACT DOCUMENTS AS DEFINED IN THE NORTH ANDOVER In the amount of STANDARD CONTRACT GENERAL CONDITIONS $ 14r,>H S:sgn�qtur Signature Date: resident Title:Assistant Director/Town r. Engineer Date:07/23/2021 Date: 21W106ell own Manager: Town Counsel: Date: TOWN OF Nowni ANDovFR STANDARD CONTRACT GENERAL CONDITIONS' Article 1. Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 2."Town"shall mean the Town of Norih Andover,Massachuscuts 3. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General Conditions, the Invitation for Bids,Requests for Prol.)osals;or other solicitations,the contractors response including Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and including any negotiated statements of work contemplated by The solicitation,"Technical proposals,Contractor's Price Proposals,Performance Bonds,which documents are incorporated herein by reference. Any conflict between the Town's standard contract general conditions and the Contractor's bid proposal or any other subinisshni will be resolved in favor of the'rown's standard contract general conditions which shall preempt all other submittals, 4."Contructor"shall mean the individual,partnership,corporation or other entity to which this Contract is awarded. Article IL E_erfortnancw, The Conti-actor shall provide the services to undertake and perform all appropriate tasks described in the Contract Documents. The Contractor shall upon written request remove from Town premises or work sites and replace all individuals in the Contractor's employ whom the Town determines to be disorderly, careless or incompetent or to be employed in violation of the terms of this Contract. performance under this contract,shall include services rendered,obligations due,costs incurred good and deliverable proved and accepted by the Town., The Town shall have a reasonable opportunity to inspect all goods and delivers,services perforated by and work product of the Contractor and accept or reject such goods,deliverable,services or work product, Article Ill.Thne of Per&LUIIHM. The Contraclor shall commence work immediately upon execution of this Agreement, If the Contractor fails to work at a reasonable speed or stops work altogether without due cause,as detennined by the Town,the Town may give notice in writing to proceed with the work or to carry on more speedily, Three days after presentation oftho notice if the work is not proceeding to the satisfaction of the Town, the Contractor shall be considered in default in the performance of the Contract, This Agreement may be extended or renewed upon agreement of the parties and only upon execution of written agmemcirt. Article IV. Revisions in the Work to be Pert MgdL If the Town requires revisions or other Oranges to be made in the scope or character of the work to be performed,the Town will promptly notify Contractor.For any changes to the scope ofwork,the Contractor shall notify the Town of associated costs in writing. The Contractor shall make the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town. The Contractor shall not be compensited for any services involved in preparing changes that arc required for additional work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined by the Town, ArticIeV. Payment for Services: The Town shall make payment to the("lontractor as on the schedule and based on the milestotws and deliverables set forth in the Contract Docrunents or on a periodic basis. Art isle VI. Ownershiu;and Confidentialitv of Material,Work Products: All information,data,reports, studies,designs,drawings,specifications,materials,computer programs,documents,models, inventions,equipment,, and any other documentation,product of tangible materials to the extent authored or prepared pinsuant to this Contract(collectively,the"Materials"), shall be the property of the Town. All Contractor proprietary rights shall be detailed in the Contract Docurnents, At the completion or termination of this Contract copies of all original Materials shall be promptly turned over to the Town,Once the'rown has paid for a particular Material,ownership vests in Town and the Contractor must provide such Materials to Town within ten(10)business days of the Town's request for the same without cost to the Town. The To may use the Materials with respect to corw1ruction, maintenance,repair,alteration,expansion,modification and reconstruction of the Pr*ct at any time and from time to tiryie, The Town may use the Materials produced,generated or compiled by the Contractor for another project, provided the Contractor shall not be responsible for clianges inadc to the drawings,plans,or specifications without the Contractor's authorization,nor for the Town's use of the drawh%s,plans or specifications on another pr(a,jcct, The"Town agrees,to the extent permitted by law,to hold the Contractor harmless from any claims,losses arising out of miy use or changes to the Materials by the Town or its representatives during any other construction not a part of this contract, The Contractor shall not use such materials for any purposes other than the purpose of this Contract These Standard Contract General Conditions apply to contracts procured pursuant to M.G,L.c.30B or for exempt good and services. without prior written consent of the Town, ArticleVII. Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final payment for final services under this Agreement shall be deemed to release of the Town forever from all clairns, demands,and liabilities arising from,out of,or in any way connected with this Agreement, The Contractor shall execute a release if asked to by the'rown. Article Vill. indemnificatiow. The Contractor shall indemnify,defend and hold harmless the Town and all of its officcrs,agents and employees,with counsel acceptable to the Town,from all suits,claims,demands, losses and liabilities brought against them or based upon or arising ng out of any act or omission of the Contractor,its agents, officers,cniployces,or subcontractors in any way connected to this Agreement, The Contractor agrees that it shall be solely responsible for the conduct,health,and safety of its employees during the to of this contract and shall hold the Town harmless for any injuries, damages or losses incurred by its employees while working on this projcc:t. The Contractor's agreement to indemnify the To shall not be deemed to be released,waived or inodified in any respect by reason of any surety or insurance provided by the Contractor under the Agivernent, Article IX. In,,iprance: The Contractor shall secure and maintain insurance adequate to meet its obligations hereunder and shall provide the'town with certification of such,'T'he Contractor shall at its own expense maintain motor vehicle liability insurance policies,workers conipensal ion,and general liability coverage,For Contracts for ImAessional services,the Contractor shall carry professional liability or Errors and Ornissions liability insurance with a minfinurn limit of S 1,000,000.00 peroccurrenec,$2,000,000,00 aggregate with a maximum deductible of $25,000M Article X.A11jaRMOIL The Contractor shall not assign,transfer,delegate or subcontract any interest in this Agreement without the prior written consent of the'town. Article XL Relationshin with the'Fown: All services to be performed under the terms of this contract will be ivritict-cd by the Contractor as an independent Contractor,. None of the terms of this contract shall create a principle• agent,master-servant or employer-employee rclationship between the To and the Contractor, The Contractor shall have no capacity to bind the Town in any contract nor to incur liability on the part ofthe'rown and if the Contractor employs or proposes to employ any person during the to of this contract,the ernployincra or proposal shall not obligate the Town in any manner to any such employee, Article XI I.Compliance with I..gwl aijil Elk"Wrldors Resnonsifiijifils: The Contractor certifies that it and its subcontractors has complied with alll applicable laws and is eligible to work in the Commonwealth of Massachuselts and that it is in compliance with Federal and StatcTax laws, 'nic Contractor shall not discriminate against any employee,or applicant for eniploynnent because of race,age,color,rcligious creed sexual orientation or identification, handicap,ancestry,sex or national origin. The Contactor will in all solicitations or advertisement form employees placed by or on behalf of the contractor,state that all qualified applicants will receive equal consideration for employment without regard to race,age,color,religious creed,sexual orientation or identification, handicap,ancestry sex or national origin, If applicable,as determined by the Massachusetts Department of Labor Standards,the Contractor shall comply with thc Massachusetts Prevailing Wage an shall cause its subcontractors to comply with M.G.L.c, 149,&27B,which requires that a true and accurate record be kept of all person employed on a prqicct for which the prevailing wage rates are requires. The Contractor shall and shall cause its subLontractors to submit weekly copies or their weekly payroll records to the City,the extent the Prcvai ling'Wage is applicabic. If an ernploycr,the Contractor certifies compliance with applicable state and federal employment laws and regulations, including but not limited to minirnum wages and prevailing wages programs and payments, uncrnployincra insurance and contributions,workers compensation and insurance,child labor laws,human trafficking,,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws. The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract Documents and to ensure their compliance with all applicable legal,quality and perfortnance requirements of the Contract Documents. The Contractor may not use subcontractors not named in the Contract Doctuncuts without the prior written consent ol"Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for labor and/or services and materials contracted by h, if any,and for the rental of any office space,equipMent or machinery hired by it,irany,for and on account for the services to be performed hereunder, The Contractor shall not take any action that causes any public official to be in violation of the State Ethics Law,M.G.L.c, 268A. The Contractor ceriffies that it and its subcontractors are not foirternly debarred or suspended by the U,S.government, the Comnionwcalth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal or state criminal or civil.judgeinent,administrative citation,order for violatk)n of M.G.L.c. M,s. 151 or the Fair Labor Standards Act within three years prior to the date of the contract, The Contractor certifies that it has not declared bankruptcy, Article X111. �Levernbifit ,.- In the event any provision of this Agreenrain, is found by a court ot'appilipriate 2 jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in full force and c ffecL Article XIV. Termination of Agreements The Town may terminate this Agreement upon immediate written notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no fault attributable to the other. In the event of a failure to materially perform by the Contractor the notice of such breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by which Contractor shall cure the failure, If the Contractor fails to cure within the One as may be required by the notice,the Town may at its option,terminate the Agreement. The Town may terminate this agreement without cause at anytime,effective seven days beyond a termination date stated in a written notice of termination. lathe event oft. ination,the Contractor shall be compensated for work product and services performed prior to the date oftermination. In no event shall the Contractor be entitled payment for any services performed after the effective date of termination,and under no circumstances shall the total price exceed the contract price. Article V. fioverninLLaw ndjurIzAkfiorr This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof, 3 cjk jN&V7 C..N,,W O D Anam man mqKw 07/2012021 WOBURN, MA C.N. Wood Enviro LLC ORDER DATE BRANCH ro aftiale of C.N.K6ad Can,.ft. 200 Merrimac Street 140 Water Ave 102 State Road 60 Shun Plke 848 Warren Ave 25A Bernhard Road Woburn,MA01801 Avon,MA 02322 Whately,MA 01093 Johnston,itl 02919 Westbrook,ME 04092 North Haven,CT 064 73 (781�935-1919 (508)594-8484 (413�665-7009 (401)942.9191 (207)854-0615 (203)848.6735 Sales Order CustomerP,O,# ROA, PED VIA: Sdd To: Noft Aidaver DPW Ship To: Seine Addrew ,W4 089-d blif-I .... ....................... ,l�A"d—,114A ........... ....... Phone Ernafl- TOTAL ............. ................. I Vacior 2!IM Counbinatron&Wle EVm Dual Fan Sown#Clenner,heighl 1 I'Vr 3 342,706.00 $142,705AD Hydrustatic Driven Vac system,incluillng ID CY Debrei hardy,980 gotten water capacoty intultouch rrlcclmnac package Hernoto borly pack Rapid Doploymerr Boom 180 degree n%allom 10*rehlacoping baoirn,I S hydruidic exteridable hose Vector Nazz.ks-sand,sanitary,penalrotor Water end debris lel 6nd6ceilwv Hydroexcavation kit front and row hari4ifun couplers,Ngh presswo reel,norviom 80 Upm vwiabla How YmW system,2500 PW WMer pressure !M'x I'Plranhe sewer hose,hosereel,a%do tiom wind guide,indexing Air purge,Cold weather rodrculatar,Debris body flush out,ran slush oast Knife volves on roar door at 3 and 6 o'clock Luba nwifoldr, Condrititial separalare Vacuum tube storage racks,voemm Aubso 7.clumps 14 fifirit package,L EF)worklighlo,arrow stick Tool boxes botend cab,sul)(rame,front bumper,long hairalle UKA storage I ENZ BulldogNazzle $3,500.00 $3,5W,D0 Mounteid on single axle 2023 International HV607 supplied by Boston Fecognihnov 6 100,36100 $10C363,00 — VMWNG Sale Price $454,565.00 YEAR MAKE MODEL SIN HRS CON040N ALLOWANCE PAYOFF TRADE r Plus Tax U— .. .............. TRADE 02 T, #1 El Total $454,568M Fi Less Trade Sourcclwoll Contract Pricing Total Payoff Vactor Sour ell Contract Number is 122017-FSC Less Deposit North Andover Sourcowell member number Is 171392 Color match green chassis Net Due $454,568.00 TERMS: [:] NET CASH UPON INVOICE FINANCE. CONDITION: E] AS IS 0 NEW WARRANTY., I yew local,2"we recider pump,5 Vows define lank,10 yeam water lanks THIS DOCUMENT 13 A CONTRACT INCLUDING IMPORTANT TERMS AND CONDITIONS.I HAVE REVIEWED AND ACCEPT ALL TERMS AND CONDITIONS, CLUDING WITHOUT LIMITATION THOBE ON PAGES 2-4 OF THIS CONTRACT.I HAVE READ THIS CONTRACT AND AUTHORIZE THE ENTRY 01P' ABOVE ORDER SUSJSCT TO THE TERMS AND CONDITIONS CONTAINED HERRON SELLER PURCHASER C.N.WOOD ENVIRO,LLC COMPANY: NwillAnill raver OPW BY: Katrarthria-Sailhar PRINT NAME: ACCEPTED: SIGNATURE: AJ1TW)RQW 300NAT(AE, RUWR pf and 8O*ud Offic4m) THIS ORDER NOT ACCEPTED OR BINDING UNTIL APPROVED BY AN OFFICER OF C.N.WOOD E NVI RO,LLC sNpPiry Reforontxi 11 i0s,spxx fax unae,,VFIA uW3 only Page I Sat"Order gory WOOD .N. wood Enviro LLC Presents a Proposal Summary f the 21101 Combination Single Engine Dual Stage Sewer Cleaner with Hydrostatic Driven Vacuum System Mounted n a Heavy-Duty Heavy-Duty Truck Chassis for N. Andover DPW June 2021 Quote Number: 2020- 84zi 1 of 5 EIZ.OPUCT DESCRIPTION 12100i with Sim-fle Engine Dual Stage Fan, 10 Yard Debris Body, 1000 Gallons of Fresh Water STANDARD FEA TU It ES 24"x 26"x 69"Curb Side A111111inUrn Toolbox Aluminum Fenders Mud Flaps Flectric.'FIN-draulic Four Way Boom Color Coded Scaled Electrical System Remote Pendant Control w,'3s,Cord Intuitouch F'lectronic Package Double Acting Dunip Hoist Cylinder I land-tin Assembly w'3 ',x I"Y' Hose wl/Quick Disconnects 3" Y-Strainer at Water Pump Inlet FA-Fen Steel Cylindrical Debris Tank Flexible [lose Guide 30 Deg.Sand Nozzle w/Carbide Inserts 30 Deu.Sanitary Nozzle k%'Carbide Inserts 15 De(U. Penetrator Nozzle N% Carbide Inserts Nozzle Storage Rack Vacuum Tube Stora,_w: Rear Door(2) Pipe I"Nozzle 10' Leader[lose Flat Rear Door w.'Hydraulic Locks and Door Po%%er-up,,Down, Open/Close Feature Dual 10"Stainless Steel Float Shut Off'Systern.'Rear Mounted Debris Bodv Vacuum Relief System Debi-is Deliector Plate 48" Dump Hei-lit Water Sight Gamle PS Liquid Float Level Indicator Boom Transport [lost Storage 3" Y-Strainer(d' Water Pump%%-.'3" Drain Valve Performance Package:(Hyd Variable Flow, Dual PTO's. Dual Hvd. Pumps) I" Water Relief Valve for Vactor Water PL1111p Midship Handgun Coupling Side Mounted Water Pump I lose Wind Guide(Dual Roller) Hose Reel Manual Hyd. Extend,'Retract [lose Reel Chain Cover(Full) Tachometer'Chassis Friudric W' HOUrnieter Circuit Breakers LED Lights. Clearance. Back-Up,Stop, fail&Turn To" Hooks, Front and Rear Electronic Back-Up Alarm Hydraulic draulic Tank Shutoff Valves 7" Vacuum Pipe Package Emergency Flare Kit Fire Extinguisher 5 Lbs. Low Water Alami with Water Pump Flow Indicator Front Jovstick Boom Control Rodder System Accumulator-Jack Hammer on!'off control w.!manual valve Di-ital Hose Foot Counter Z: Z7 Water Pump Hour Meter PTO Hour Meter Hydraulic Oil Temp Alarm Quote Number: 2020-38411 2 of 5 Di-ital Water Pressure Gan- Chassis Modifications ADDITIONAL. FEATURES 180 Degree Rotation. 10 Ft.Telescopin- Boom x 15 1:1. Hydraulic Extendable Heavy 6Lty RDB [-lose RDB Washout Coupling 80 6PNI Variable FlovN Water Sr stern 2500 PSI Water Pressure I" x 500'Piranha Sewer Hose,2500 PSI H%,'draUIiC Extending-'Rotating 15" [lose Reel(I"x 800')Capacit) %iodUIC Paint, [)upon( Imron Elite- Sanded Printer Base Debris Body Flush Out System 6" Knife Valve wCam-Loc, Rear Door,3:00 Position 6" Knife Valve w'Cam-Loc,Rear Door,6:00 Position Standpipe and Screen for 6:00 Port Rear Door Valve Flushoul Centrifugal Separators Folding Pipe Rack. Curbside, 7" Pipe Folding Pipe Rack, Rear Door, 7" Pipe Rear Door Splash Shield LUbe Manit'old Plastic Lube Chart Continuous Water Tank Fill Air Purue Wireless Controls. inClUdim, hose reel controls Rotatable Boom Inlet[lose, 10 x 15 RDB Cold Weather Recirculator, PTO Driven,25 GPNI Handgun Couplers, Front and Rear Hydro Excavation Kit-Includes Lances. Nozzles.Storage Tray.and VaCUUn1 Tubes Automatic Hose Level Wind Guide, IndexinL, Fan Flushout System Cyclone Washout System High Pressured Hose Reel Rodder Pump Drain Valves Rear Directional Control, LED Arrowstick 14 Lighting Package, 14 Federal Signal Strobe Lights, LED LED Mid-Ship Furn Signals WorklightN(2). LED, 10 ,, 15 RDB Worklights(2). LED.Rear Door Worklight. LED.Operators Station Workli,�;ht, LED, Hose Reel Manhole Workli-lit, LED.Curb Side Workli-lit.LED,Street Side Toolbox, Front Bumper Mounted, 16 x 12 x 18 (2)LED Side Markers Behind Cab Toolbox with Li-l-ttim, Toolbox. Driver Side Subframe.48w x 20h x 12d.with Lighting (4) Long Handle Tool Storage Locations Behind Cab Camera System, Front and Rear sarctv Cone Storage Rack- Drop in Style Digital Water Level Indicator Di-ital Debt-is Body Level Indicator 1 '2"1 landgun I lose Assembly- 1011 (1) Flexible Hose Guide (1)7"Adjustable Air Adapter (I)7*'x 78" 1 ligbee Catch Basin Nozzle Quote Number: 2020-38 41 1 3 of 5 (1)7"Catch Basin Nozzle Assembly I Printed Full Vactor Manual Vactor,Standard Manual aan 1US1.3 Version- l Chassis Sourve:Mirtuternan Trucks ,,2023 Intcrnational 11V607 Module Paint March Cab -'Yes Module Paint Color-Gnx- n Cab Color-Green Door Stripe Color-None Chassis Axle-Single Sell Price—Vactor 211 Oi Body: $346,205.00 Sell Price 2023 International HV607 Chassis: $108,363,00 Total Sell Price: $454,56&00 Quote Numbm 20220-38411 4 of 5 LIMITED WARRANTV Each machine manuWwred by VAcrOR MANUFAC,fURING(or,"the C'ompany")is warranted a�_,,alnsl defects in material and workmanship for as peri(xi of'12 monahs.provided the inachinc is used in as nonnal and reasonable niannerand in accordance with all operating,maintoiance and safety jnStirjjCjjj)nS,, in,'iddition,certain machines and componorls of certain machirics have extended warramies as set forth below, If sold to an end user,the applicable warranty period commences froin the date ot'defivvy to the end user,, If used for rental Purposes,the applicable wartanty period commences From the date the machine is first made availat'de for rental by the Company or its representative, This firnked warranty may he enfinved by any subsequent ti-ansleree during the warranly rmriod.111is limited wan"awy is the sole and excluisive ivarramy given by the Company. STA NDA RD EXTE.N DED WAR RANTIES(Total Warranty Duration) liMscries HXXS and Jelters y 10 ears against water tank,leakat, K.-im i—es ---- ge due to corrosion,Nonmetallic water tanks are covered for 5 yr%r.against any factoqy defect in triatcrial or worknianship, 2 100 S rLi" '�gLj i4,�!Wj 5 years against leakage of debris tank,cenuffugal compressor or housing due to q _j IN X- yL 1�[s)tj!yr rust-through. Zt(IQ Wrics and Jelters 2 years-Vactor R(xider Pump LkLLI t i s &e Should aRy warranted product fail duHng the tj�an-anjry period,the Company will cause iro be repaired or replaced,as the Cornpany may elect,any part or parts of such machine that the Company's examination discloses to be defocfivie in material or facurry. workmanship,Repairs or replacenients are to be made at the selling C ornpany's authorized dealees or distributor's location or at other locations approved by the Company. In lieu ol'repair or rcplacement,the Company may elect,at its sole discreflon,to refund the purchase price of any product deemed defective.The foregoing remedies shall be the sole and exclusive remedies of any party making a valid warranty claim, This Lfirnited Warranty shall not apply to(and the Cornpany shall not be responsible fbr)., 1.MAjor components or trdde accessu!)Hes that have a separate Nvarrunty from their original nianufactumr,such as,but not limited to,trucks and truck chassis,engines, hydraulic pumps and rnotons,tires and batteries. 2, Nomml adJustments and maintenance so-viccs, 3. Nornial wear parts such as,but not limited to,oils,fluids,vacuuni hose,light bulbs,f1uscs and gwskets, 4. Failures resulting from the machine being operated in a manner or fin-a purpose not recoinniended or not in accordance with operathig, maintenance or sa&ty instructions provided by the Company. 5, Repairs,modifications or alterations withoca the express written consent of the Company,which in the Compiny's soW.judgment,have adverq41), affected the machine's stabHio,oNration or reliability as originally designed and manul'actured. 6. ltenis subJect to inistise,negligence,accident or Improper maintenance. *N0TF* The use in the product of any part other than pans approved try,the Contrginy may invaHdate this warranly.1"he Company reserves the right to determine, in its sole a wretion, if the use of non-approved parts operates to invalidate the warranty,, Nothing, contained in this waffano,shall unmake the Company liable for loss,injury,or dainage of any kind to any Iwnwn or entity resulting frorn miy defect or failure in the machine, '11-11S WARRANTY SHAL.J.,BE IN 1 IEU1 OFAL1.,arnER WARRANTIES. EXPRESS OR INIP1,11"D,ANDTC),THE EXT1,NT PERM1111D,CONFERRED BY STATUTE,INCLUDING WITIJOUTIAMI FATION,ANY IMPLIED WARRANTIES(V IVIERCHANTABILITV,OR FITNESS FOR A PAR riCULAR PURPOSE,OR ANY WARRANTY AGAINST FAILURE OF ITS ESSI'E�M'IAL PURPOSE,ALL OF WHICH ARE DISCLAIMI'l), This%arranty is in lieu of all other obligations or fiabifilies,contracitial and otherwiw,earn the part o�f the Cornpany. For the avoidance of doubt,die Company shall not be liable for any indirect,special,incidental or consequential darnages, including,but not limited to,loss of use or 1051 11f`1)rjt8,r The(,ompany makes no representation that the machiFIC has the capacity to perforin any functions other than as contained in the Company's written literature, catalogs or speclflcations accoinpanying delivery of the machine.No person or affiliated cornpany representative is authorized to alter the ternis of this warronly,to give any other warranties or to assume any other liability on behalf of the Company in connection with the sale,servicing or repair of any machine manufactured by the Conipany.Any legal action Lased hereon must Im,commenced within eighteen(19)months of the event or facts giving rise to such action. 'The Company reserves the right to make design changes or imp rovennents in its proilucts without imposing any obligation upon RsOfto change or improve previously manufactured products, VAC FOR MANUFACTURING Gales ER 1621 S.Illinois Street VACTOR Streator, IL 61364 Qi,ioteNumtue�re,:20;?0-,3841,1. 5 of 5