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MEMORANDUM TO: Holders of Contracts Documents FROM: Karen ...

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2. LIQUIDATED DAMAGES:<br />

All vehicles shall be delivered and accepted within the delivery schedule described in<br />

Section III, Paragraph 12. Failure to comply shall result in liquidated damages <strong>of</strong><br />

$100.00 per calendar day, per vehicle, until delivery and acceptance has been completed.<br />

3. SAFETY REQUIREMENTS:<br />

A. The vehicle shall meet all applicable FMVSS Regulations in effect on the date <strong>of</strong><br />

manufacture. The Contractor shall provide a certificate stating that they meet all<br />

<strong>of</strong> the FMVSS requirements.<br />

B. The Contractor shall comply with all applicable Federal, State, and Local<br />

regulations. In the event <strong>of</strong> any conflict between the requirements <strong>of</strong> this<br />

specification and any applicable legal requirement, then the legal requirement<br />

shall prevail.<br />

4. RIGHT OF INSPECTION<br />

The MTA reserves the right and shall be at liberty to inspect, with the cooperation <strong>of</strong> the<br />

Contractor, all materials and workmanship during the manufacturing process and shall<br />

have the right to reject all materials and workmanship which do not conform to the<br />

specifications. The MTA is under no obligation to make such inspection and if such<br />

inspection is, or is not, made, the contractor shall not be relieved <strong>of</strong> any obligation to<br />

furnish materials and workmanship in strict compliance with these specifications. Any<br />

inspection visit shall be conducted during normal business hours. Any reports generated<br />

from such visit shall be submitted to the Contractor.<br />

5. WARRANTY:<br />

Warranties in this document are in addition to any statutory remedies or warranties<br />

imposed on the Contractor. A description <strong>of</strong> the Contractor warranty process shall be<br />

included in the proposal package including information on how warranty issues are<br />

tracked. The proposal package shall also have a description <strong>of</strong> the distributor’s facilities<br />

and services provided at their facilities. The contactor shall assume sole responsibility<br />

for the entire vehicle relating to any and all warranty issues and after-sales parts and<br />

service. This includes arrangements for scheduling pick-up and delivery <strong>of</strong> vehicle for<br />

warranty repairs.<br />

The vehicle is warranted and guaranteed to be free from defects for a minimum <strong>of</strong> twelve<br />

(12) months or fifty thousand (50,000) miles, whichever comes first, beginning on the<br />

date <strong>of</strong> User Agency acceptance <strong>of</strong> each vehicle. During this warranty period the vehicle<br />

shall maintain its structural and functional integrity. The warranty is based on normal<br />

operations in the environmental conditions prevailing in the User Agencies’ locale.<br />

T 8000‐0368 ADDENDUM # 6

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