Common use of GUARANTEE – SERVICES Clause in Contracts

GUARANTEE – SERVICES. The Contractor warrants and represents that all services to be provided to the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices following the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from final acceptance. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with the services warranty standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within 30 calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this Section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. November 04, 2020 ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇ International Airport ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Dear ▇▇. ▇▇▇▇▇: Vaisala, Inc. is the original lightning solution provider for AviMet DSS at ▇▇▇▇▇▇- ▇▇▇▇▇▇▇▇▇ International Airport. Our lightning solution is integrated into the lights and beacons at the airport for a customized service to alert the airport of imminent lightning events. The data provided through the software is a specialized computer based weather monitoring system that provides lightning observations and weather alerts to the ▇▇▇▇▇▇- ▇▇▇▇▇▇▇▇▇ International Airport. Vaisala, Inc. being the original provider of the AviMet DSS is uniquely qualified to provide and support the system's unique application. Certain software capabilities and features are specifically designed and manufactured for the AviMet DSS application, and thus are only available from Vaisala. Vaisala does not certify third-party companies to provide access to our hosted software solutions. Please let me know of any questions.

GUARANTEE – SERVICES. The Contractor warrants and represents that all services to be provided to the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices following the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from final acceptancethe Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with the services warranty standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within 30 calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this Section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. November 04DATE: May 27, 2020 ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇ International Airport ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇PROJECT: CITY OF AUSTIN CENTRAL LIBRARY We are pleased to quote to you our price for NEBB Certified Testing of the Smoke Evacuation / Stairwell Pressurizations systems at the above referenced location. The proposal is to be as follows: Test the system components as indicated below: 1. Verify that the stairwell and vestibule pressurization systems operate automatically upon activation of one pull station, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇smoke detector, ▇▇ ▇▇▇▇▇ Dear ▇▇heat detector and fire sprinkler system water flow. ▇▇▇▇▇: Vaisala, Inc. This is a total of four devices in the original lightning solution provider for AviMet DSS at ▇▇▇▇▇▇- ▇▇▇▇▇▇▇▇▇ International Airportbuilding to verify system operation. Our lightning solution Check previous year’s test report and select activation devices in different locations each year. Building fire alarm system audible devices may be silenced during the testing. 2. Verify correct stairwell and vestibule pressurization system operation using the firefighter’s smoke control panel. 3. Verify that the firefighter’s smoke control panel is integrated into the in acceptable condition. All status lights and beacons at the airport for a customized service to alert the airport of imminent lightning eventscontrol switches must function as intended. The data provided through the software is a specialized computer based weather monitoring system Document any modifications that provides lightning observations and weather alerts have been made to the ▇▇▇▇▇▇- ▇▇▇▇▇▇▇▇▇ International Airportcontrol panel. 4. Vaisala, Inc. being the original provider of the AviMet DSS is uniquely qualified to provide Verify correct stairwell and support the system's unique application. Certain software capabilities and features are specifically designed and manufactured for the AviMet DSS application, and thus are only available from Vaisala. Vaisala does not certify third-party companies to provide access to our hosted software solutions. Please let me know of any questionsvestibule pressurization system operation on emergency Generator power.