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NOTICE TO PROSPECTIVE BIDDERS - COTA

NOTICE TO PROSPECTIVE BIDDERS - COTA

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25.<br />

26.<br />

Warranties<br />

Inspection<br />

25.1 Performance Warranty<br />

Contractor warrants that the Refrigerant Reclaim System will perform in<br />

accordance with the performance requirements set forth in the specifications<br />

and that the Refrigerant Reclaim System has been designed so as to conform<br />

to the specifications. Contractor further warrants that the Refrigerant Reclaim<br />

System will be merchantable, of good material and workmanship, free from<br />

defects and will be fit and sufficient for the purpose intended.<br />

25.2 Parts and Labor Warranty<br />

Parts and labor for the entire Refrigerant Reclaim System shall be warranted<br />

for a minimum of twelve (12) months from the date of acceptance by <strong>COTA</strong><br />

for parts and labor acceptance by <strong>COTA</strong> shall be upon inspection and<br />

confirmation that the equipment meets contract specifications, and shall be<br />

completed within three (3) working days after delivery.<br />

Materials or equipment purchased are subject to inspection and approval at <strong>COTA</strong>’s destination.<br />

<strong>COTA</strong> reserves the right to reject and refuse acceptance of items which are not in accordance<br />

with the instructions, specifications, drawings or a part of the contractor’s warranty (express or<br />

implied). Rejected materials or equipment shall be removed by, or at the expense of the<br />

contractor promptly after rejection.<br />

27.<br />

Price Warranty<br />

Contractor warrants that the prices for the goods sold to <strong>COTA</strong> under this Agreement are not less<br />

favorable than those currently extended to any other customer for the same or like items in equal<br />

or less quantities. In the event Contractor reduces its price for such goods during the term of this<br />

Agreement, Contractor agrees to reduce the prices hereof accordingly.<br />

28.<br />

Notification of Material Changes in Business<br />

Contractor agrees that if it experiences any material changes in its business including, without<br />

limitation, a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, loss of key<br />

personnel, etc., it agrees to immediately notify <strong>COTA</strong>'s Director of Supply Management of the<br />

changes. Contractor also agrees to immediately notify the Director of Supply Management of<br />

any condition which may jeopardize the scheduled delivery or fulfillment of Contractor's<br />

contractual obligations to <strong>COTA</strong>.<br />

2-8

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