HomeMy WebLinkAboutresolution.council.131.18 RESOLUTION #131
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND HONNEN EQUIPMENT COMPANY AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for One
(1) John Deere 772 Motor Grader, between the City of Aspen and Honnen
Equipment Company, a true and accurate copy of which is attached hereto as
Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for One (1) John Deere 772 Motor Grader, between the City of Aspen and Honnen
Equipment Company, a copy of which is annexed hereto and incorporated herein
and does hereby authorize the City Manager to execute said agreement on behalf
of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of e City of
Aspen on the 8th day of October 2018.
Steven Skaon, Mayor
I, Linda Manning, duly appointed and acting City erk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, October 8th, 2018.
YA&
Linda Manning, City erk
CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OF ASPEN
SUPPLY PROCUREMENT
City of Aspen Project No.: 2018-50833-1.
AGREEMENT made as of 8th day of October, in the year 2018.
BETWEEN the City:
Contract Amount:
The City ol'Aspen
c/o Fleet Manager
130 South Galena Street Total: $287,558.63
;aspen,Colorado 81611
Phone: (970)920-5055
If this Agreement requires the City to pay
And the Vendor: an amount of money in excess of
$25,000.00 it shall not be deemed valid
I lonnen Equipment Co. until it has been approved by the City
c/o Dusty Carson Council of the City of Aspen.
2358 1-70 Frontage Road City Council Approval:
;rand Junction Co,81505 ' L
Date: t� ����✓ �v�LL—
Nione: 970-243-7090 r
Resolution No.:
Summary Description of Items to be Purchased:
One John Deere all-wheel drive motor grader with 12-foot snow wing
Exhibits appended and made a part of this Agreement:
Exhibit A: List of supplies, equipment, or materials to be purchased.
The City and Vendor agree as set forth below.
1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (FOB 1080 Power Plant Road Aspen Co, 81611)
[Delivery Address]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made a part of
this Agreement as if fully set out at length herein.
4. Warranties. 1 year warranty plus extended 5 year warranty.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein
contained,to be performed, kept and observed by the other party.
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntaa
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A)Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
(B)Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C)Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D)In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest,the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover,the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of$25,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City's municipal code, section 13-98,pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein written in three (3) copies, all of which, to all
intents and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN: Attes
B
Y
fftAspen City M ;er Linda Manning, City Cler
10
g I
Date
SUPPLIER:
HONNEN EQUIPMENT COMPANY
By: K-aAd-eg,
Territory Manager
Title
09/23/2018
Date
Quote Id: 17136954
Prepared For:
CITY OF ASPEN
1
r
Prepared By: DUSTY CARSON
Honnen Equipment Co.
2358 1-70 Frontage Road
Grand Jct., CO 81505
Tel: 970-243-7090
Mobile Phone: 970-270-2070
Fax: 970-243-7092
Email: dustycarson@honnen.com
Date: 09 April 2018 Offer Expires: 31 May 2018
Confidential
Quote Summary
Prepared For: Prepared By:
CITY OF ASPEN DUSTY CARSON
1080 Power Plant Road Honnen Equipment Co.
Aspen, CO 81611 2358 1-70 Frontage Road
Business: 970-920-5132 Grand Jct., CO 81505
Phone: 970-243-7090
Mobile: 970-270-2070
dustycarson@honnen.com
NJPA CONTRACT#032515-JDC Quote Id: 17136954
Created On: 09 April 2018
Last Modified On: 13 September 2018
Expiration Date: 31 May 2018
Equipment Summary Selling Price Qty Extended
JOHN DEERE 772G MOTOR $ 282,134.63 X 1 = $282,134.63
GRADER with 6WD
John Deere Extended Warranty-60M $ 5,424.00 X 1 = $ 5,424.00
2,000HR COMPREHENSIVE
EXTENDED
Sub Total $ 287,558.63
RYLAND 12' Snow Wing $ 0.00 X 1 = $0.00
Equipment Total $ 287,558.63
Quote Summary
Equipment Total $287,558.63
SubTotal $287,558.63
Total $287,558.63
Balance Due $ 287,558.63
Salesperson :X Accepted By : X
Confidential
Selling Equipment
Quote Id: 17136954 Customer: CITY OF ASPEN
JOHN DEERE 772G MOTOR GRADER with 6WD
Hours:
Stock Number:
Code Description Qty
8470T 772G MOTOR GRADER with 6WD 1
Standard Options-Per Unit
170C JDLink Ultimate Cellular-5 Years 1
1010 Standard Antler Rack Hydraulic 1
Controls
1140 John Deere PowerTech PSS 9.01- 1
meets EPA FT4 Emissions
1240 Dual 100 Amp Alternators (200 Amp 1
total)
1320 No Quick Service Group 1
1410 Standard Fuel &Water Filtration 1
1610 Hydraulic Pump Disconnect 1
1830 Engine Exhaust with Flat Black Stack 1
(EPA FT4 only)
1910 Blade Impact Absorption System 1
2080 14 Ft. x 27 In. x 1 In. (4.27M x 686mm 1
x 25mm)w/8 In. x 3/4 In. (203 x
19mm) Cutting Edge & 3/4 in. (19mm)
Hardware
2575 No Grade Control Base Kit Installed 1
2605 English Labels and Decals 1
2775 No Topcon 3D GPS Grade Control 1
System installed
2820 Single Input Gearbox with Slip Clutch 1
4426 Michelin SnoPlus 1
5020 Low Cab w/Fixed Lower Front and 1
Side Windows
5520 Manual Shift Transmission (no 1
Autoshift)
5710 Transmission Solenoid Valve Guard 1
5815 Hydrau 1
6030 No Powered Cab Air Precleaner 1
6130 Premium Heated, Leather/Fabric, High- 1
Wide Back, Air Suspension Seat with
Armrests
6530 Base Hydraulics w/2 Auxiliary Function 1
Controls
6620 Base Hydraulics w/ 1 Auxiliary Function 1
Control
Confidential
Selling Equipment
Quote Id: 17136954 Customer: CITY OF ASPEN
6710 Front Push Block 1
6850 No Rear Attachment 1
7130 Grading Lights (10 Halogen Lights) 1
7820 No Front Fenders 1
8110 24-to-12 Volt Converter (15 amps 1
peak/ 10 amps continuous)
8220 Heated Exterior Mounted Rearview 1
Mirrors
8310 Lower Front Intermittent Wiper& 1
Washer
8410 AM/FM Radio with Aux and Weather 1
Band (WB)
8510 Air Conditioner Refrigerant Charged 1
8730 No Sound Absorption Package 1
8810 Rear Camera 1
9280 Slow Moving Vehicle (SMV) Sign 1
9290 Flip Down Cab Beacon Bracket (RH) 1
9295 Flip Down Cab Beacon Bracket (LH) 1
9360 Engine Block Heater 1
9370 Ether Starting Aid 1
Service Agreements
John Deere Extended Warranty -60M
2,000HR COMPREHENSIVE
EXTENDED
RYL.AND 12' Snow Wing
Hours: 0
Stock Number:
Code Description Qty
1 12' Snow Wing 1
Confidential
Customer Purchase Order for John Deere PO# 05809918
Construction and Forestry Products-USA PO Revision# Original
PURCHASER NAME AND ADDRESS(First Signer) DEALER NAME AND ADDRESS
DEALER NAME Dealer Account No.
NAME(First,Middle,Last) Honnen Equipment Co. 170498
CITY OF ASPEN STREET or RR
STREET or RR 23581-70 FRONTAGE ROAD
1080 POWER PLANT ROAD CITY STATE ZIP CODE Phone Number
CITY STATE ZIP CODE COUNTY GRAND JCT. CO 81505 970-243-7090
ASPEN CO 81611 Pitkin Date Of Order:
PHONE NUMBER EMAIL ADDRESS Sep 12,2018
970-920-5132 Dealer Order No.: TYPE OF SALE:
PURCHASER NAME AND ADDRESS(Second Signer) ®CASH ❑ LEASE []TIME SALE
NAME(First,Middle,Last) PURCHASER TYPE: MARKET USE CODE:
5 City/Town/Village 49 Highways&Streets
STREET or RR Add Purchaser to Mailing List(Check One or More)
CITY STATE ZIP CODE COUNTY ❑ Construction ❑ Utility ❑ Forestry ❑ Government
PURCHASER IS: Purchaser Acct.:
® Business ❑ Individual 25130
PHONE NUMBER EMAIL ADDRESS
❑ SOCIAL SECURITY ❑ IRS TAX ID NO ❑EIN
NO.:
EXTENDED WARRANTY IS: ❑✓ Accept ❑Decline LOCATION OF FIRST WORKING USE: Use State/Province COUNTY CODE
(Initials) Use County PITKIN CO 97
Ultimate Uptime Package Purchase: ❑ Yes ❑✓ No (Initials)
D R U EQUIPMENT(Model,Size,Description) Hours
S of PIN or Serial Number Delivered Cash Price
E M N E Use
QTY WOT D
1 xj I I IJOHN DEERE 772G MOTOR GRADER with 6WD $282,134 63
+ John Deere Extended Warranty : 60M 2,000HR COMPREHENSIVE $5,424 00
EXTENDED
DECLINED:John Deere Preventative Maintenance
1 x RYLAND 12'Snow Win $0 00
DECLINED:John Deere Preventative Maintenance
DECLINED:John Deere Extended Warranty
(1)TOTAL CASH PRICE $287,558 63
QT, TRADE-IN(Model,Size,Description) HoursI of Use PIN or Serial Number AMOUNT
COMMENTS: 2)TOTAL TRADE-IN ALLOWANCE $0 00
NJPA CONTRACT#032515-JDC 3)TOTAL TRADE-IN PAY-OFF $0 00
4)BALANCE $287,558 63
5)DOC FEE $0 00
6)SUBTOTAL $287,558 63
7)RENTAL APPLIED $0 00
8)CASH WITH ORDER $0 00
9)BALANCE DUE(6-(7&8) $287,558 63
ACKNOWLEDGMENTS: Purchaser offers to sell,transfer,and convey the item(s)listed as'Trade In"to the Dealer at or prior to the time of delivery of the
above product(s), as a"trade-in"to be applied against the cash price. Purchaser represents that each"trade-in"item shall be free and clear of all security
interests,liens,and encumbrances at the time of transfer to the Dealer except to the extent shown below.The price to be allowed for each"trade-in"item is
listed on this
document.The Purchaser promises to pay the balance due(line 9 )shown hereon in cash,or to
execute a Time Sale Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), plus additional charges
shown thereon, or to execute a Lease Agreement, on or before delivery of the equipment ordered herein. Despite delivery of the
Product(s)to the Purchaser, title shall remain with the Seller until one of the foregoing is accomplished. The Purchaser and the Dealer agree that this
Purchase Order is not a security agreement and that delivery of the Product(s)to the Purchaser pursuant to this Purchase Order will not constitute possession
of the Product(s) by the Purchaser, as a debtor,for the purposes of the purchase money security provisions in any statutes relating to personal property
security or its equivalent.Purchaser understands that its rights in connection with this purchase are limited as set forth in this Purchase Order.
Page 1 of 2 JD-S 17-02 EFFECTIVE (07July16) U.S.A. ONLY
Customer Purchase Order for John Deere PO# 05809918
Construction and Forestry Products -USA PO Revision# Original
Quote ID: 17136954 Customer Name: CITY OF ASPEN
DISCLOSURE OF REGULATION APPLICABILITY: When operated in California, any off-road diesel vehicle may be subject to the California Air
Resources Board In-Use Off-Road Diesel Vehicle Regulation. Ittherefore could be subject to retrofit or accelerated turnover requirements to reduce
emissions of air pollutants. More information is available on the California Air Resources Board website at
l/www arb ca,aQvimsproglordiesel/ordiesel.htm.
IMPORTANT WARRANTY NOTICE: The Standard Warranty for new John Deere construction and forestry products is set forth in a separate
document provided by the dealer. Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in
the Warranty Statement. PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE
STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY,
CONDITIONS OR FITNESS IS MADE.
The undersigned purchaser(s) (the "Purchaser") hereby orders the product(s) (the "Product") described above from the Dealer. The
Dealer shall not be liable for failure to provide the Product orfor any delay in delivery if such failure or delay is due to the Dealers
inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown
above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer
or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this
Purchase Order.
TERMS&CONDITIONS VERIFICATION STATEMENT:Use of John Deere Data Services,if applicable,and all rights and obligations of John Deere and the
Purchaser(or"Customer"as identified in the applicable agreement),are governed by the terms and conditions outlined in the Warranty Statement and the
applicable John Deere Construction&Forestry Company Subscriptions&Data Services Dealer Agreement and/or Customer Data Services agreements
available at www.JohnDeere.com/Agreements.Purchaser agrees to be bound by these terms and conditions if Purchaser activates or otherwise uses any of
the Data Services.If Purchaser does not agree to these terms and conditions,Purchaser must not activate or otherwise use the Data Services.
Purchaser's signature below acknowledges the Purchaser has received a copy of the Standard Warranty,Version (Initials)
and understands its terms and conditions.
Purchaser(First Signer) CITY OF ASPEN Signature Date
Purchaser(Second Signer) Signature Date
Dealer Representative Honnen Equipment Co. Signature Date
Salesperson CARSON,DUSTY Signature Date
DELIVERY ACKNOWLEDGEMENT Delivered with Operator's Manual On: Purchaser Signature
Page 2 of 2 JD-S 17-02 EFFECTIVE (07July16) U.S.A. ONLY
STANDARD WARRANTY FOR NEW JOHN DEERE
CONSTRUCTION,UTILITY,AND FORESTRY PRODUCTS—US&Canada
Construction,Forestry&Commercial Worksite Products:12 months Full Machine Standard Warranty
C&E Series Pull-Type Scrapers:6 months Full Machine Standard Warranty
DC&DE Series Pull-Type Scrapers:12 months Full Machine Standard Warranty
Scraper Tractors:24 Months or 2000 Hours(whichever occurs first)Full Machine Standard Warranty
Forestry Attachments:12 Months or 2000 Hours(whichever occurs first)Full Machine Standard Warranty
Frontier Equipment: 6 months Full Machine Standard Warranty(90 days in rental applications)
The"Standard Warranty"is part of the warranty protection package available from John Deere Construction&Forestry Company(John Deere Limited in Canada)("John Deere")to purchasers of
new John Deere products("product"):
STANDARD Warranty is John Deere's standard new product warranty,described in this document,provided at no additional charge to the purchaser.
EXTENDED Warranty is a separate repair contract made available by John Deere for purchasers who wish to complement their Standard Warranty coverage.
Complete Extended Warranty details,including coverage options and limitations,are set forth in the Application for Extended Warranty,which is available from authorized John Deere dealers.
STRUCTURALL Warranty applies to certain structural components as listed below and as described in this document.
FACTORY-INSTALLED UNDERCARRIAGE Warranty applies to certain undercarriage components as listed below and as described in this document.
A. STANDARD WARRANTY-GENERAL PROVISIONS
John Deere will repair or replace,at its option,any parts(except those specified below)of a new John Deere product that,as delivered to the original retail purchaser(s),are defective in material or
workmanship.Performance of this warranty will be free of charge for parts and laborllabour,except as otherwise stated below.Standard Warranty applies only to purchases from John Deere and
authorized John Deere dealers and,except as otherwise provided in the next sentence and section L below,is extended only to the original retail purchaser of the product.Remaining Standard
Warranty applicable to a used John Deere product is transferred to a subsequent purchaser of the product only if the subsequent purchaser requests a transfer from an authorized John Deere
dealer before the product's Standard Warranty expires.Coverage begins on the date of delivery of the product to the original retail purchaser.For purposes of this warranty,a product that has been
rented,used for demonstration purposes for 150 or more hours,or otherwise used prior to its original retail purchase has been"used"for the total duration of such use. Warranty statements
required by law covering engine emissions-related parts and components are found on a separate written warranty certificate provided to the purchaser at the time of the original retail purchase.
B. WHAT IS COVERED BY STANDARD WARRANTY-
AII parts of a new John Deere product(except those noted in Sections D and E below)are covered during the Standard Warranty period set out above.
C. EXCLUSIVE REMEDY-
The repair or replacement of covered parts or components that are defective,as provided in Sections A,B,D.2 and D.3 herein,shall be the purchaser's exclusive remedy for any defect in the
product.However,if after repeated attempts such repair or replacement fails to correct the performance problem caused by the defect,the purchaser's sole remedy shall be a refund of the amount
paid for the product(in exchange for a return of the product),excluding any transportation charges,license fees,taxes and insurance premiums,and less a reasonable allowance for use of the
product prior to its return.In no event will the dealer,John Deere or any company affiliated with John Deere be liable for any incidental or consequential damages,including but not limited to loss of
profits,rental of substitute equipment or other commercial loss. Correction of defects in the manner provided above shall constitute fulfillment of all liabilities of the Dealer,John Deere,or any
company affiliated with John Deere to the purchaser or any other person,whether based upon contract,tort,strict liability,or otherwise. This limitation does not apply to claims for personal injury.
D. ITEMS COVERED SEPARATELY-
1. BLwdard Warranty does not apply to batteries,radios,tires,cameras,or to Cummins,MTU or Detroit Diesel Engines installed in John Deere products,which are covered by
separate written warranties.
2. Fartnrv-Installed t IndPmamiag Warranty covers all non-rubberized factory-installed undercarriage wear components for 3 years or 4,000 hours from the date of delivery to the original retail
purchaser,whichever occurs first(unless terminated earlier under Section F,below).For purposes of this warranty,a product that has been rented,used for demonstration purposes for 150
or more hours,or otherwise used prior to its original retail purchase has been"used"for the total duration of such use. In addition to the items listed in section E below,Factory-Installed
Undercarriage Warranty does not cover failures due to wear,machine application,maintenance practices,or improper machine configuration,removal and installation IaborAabour;
transportation or hauling costs,unapproved parts;non-wear items;and rubberized undercarriage components such as rubber tracks.Warranty claims will be pro-rated based upon wear of
the failed component and whether track shoe width is approved by John Deere.Factory-Installed Undercarriage Warranty does not apply to Scraper Tractors.
3. StninhirAl I Warranty for new John Deere Products(except Compact Excavators&Loaders,Skid-Steer Loaders,Compact Track Loaders,Scraper Tractors,Pull-Type Scrapers,and Forestry
Attachments,which are not eligible for StructurALL Warranty)begins at the date of delivery to the original retail purchaser and ends(unless terminated earlier under Section F,below)after
three(3)years,or 10,000 hours(whichever occurs first).For purposes of this warranty,a product that has been rented,used for demonstration purposes for 150 or more hours,or otherwise
used prior to its original retail purchase has been"used'for the total duration of such use.StructurALL Warranty applies only to the following structural components listed below as
Installed on the product at the time of original manufacture. If a particular component is not listed below it is not covered by StructurALL Warranty.
Arm;Articulation Joint(incl.pins&bushings);Bin Frame;Boom;Carbody;C-Frame*.Circle Frame;Coupler
(John Deere built ONLY);Dipperstick;Draft Frame;Engine Frame;Equipment Frame;Grapple Arch and Grapple Boom;Loader Arm,Loader Frame;Mainframe,Moldboard Lift Arm,
NeverGrease-Pin Joints[Includes steering pin and bushing joints(standard equipment),roller elements(roller bearings)in bucket to boom joints and sliding elements(bushing)for boom
and linkage joints(optional equipment)];Rollover Protection Structure(ROPS);Side Frame;Swing Frame;Track Frame,Undercarriage Frame,X-Frame;Z-bar loader linkage(including bell
crank and bucket driver link);Specialty booms and arms marketed as"heavy duty"by John Deere.
Items Covered by StructurALL for Cut-to-Length Forestry Machines:Front frame(welded assembly);Rear frame(welded assembly);Crane king post with basement;Middle joint frame;
Cabin swing frame;Main Boom
StructurALL Warranty does not apply to:
1. Any product used primarily in extreme duty or severe duty applications such as but not limited to:demolition and wrecking,chemical plant(including fertilizer plants),salt mines,
steel mill,land fill and transfer stations,scrap handling,scarifying and other applications that are similarly destructive or similarly heavy duty except specialty booms and arms as
stated in Section D.3 above.
2. C-Frames on H-Series&J-Series Crawlers equipped with root rakes or used in forestry applications unless equipped with an"extreme duty"reinforcement package.
3. Cut-to-Length Forestry Heads and Slash Bundler Units.
4. Crawlers equipped with optional side booms.
5. Cut-to-Length Forestry,Excavator,and Log Loader swing bearings.
6. Motor Graders equipped with front-or rear-mounted snow wings.
E. ITEMS NOT COVERED-
John Deere is NOT responsible for the following:
1. Freight
2. Adjustments to compensate for wear,for periodic maintenance or adjustments that result from normal wear and tear.
3. Damage caused by unapproved adjustments(electronic or mechanical)to machine or machine components outside of published specifications including but not limited to engine,
hydraulic components and relief valves.
US/CAN DEERE Warranty Statement Ver.7.0 Effective 01 November 2014 Page 1 of 2 Customer's Initials
4. Program updates,calibrations,and pressure adjustments.
5. Diagnostic Time
6. Additional LaborlLabour Time-Above SPG/Labor/Labour Rate
7. Additional Cleaning-Above SPG/Labor/Labour Rate
8. Rental Fees
9. Depreciation or damage caused by normal wear or application,lack of reasonable and proper maintenance,failure to follow operating instructions,misuse,negligence,collision or
other accidents.
10. Premiums charged for Overtime Labor/Labour
11. Transportation to and from the dealership.
12. Travel time,mileage or service calls by the dealer.
13. Non-John Deere components or modifications,Rotobec grapples,and attachments installed aftermarket.
14. Shop supplies and maintenance items such as,but not limited to:filters,fuels,oil,hydraulic fluid,lubricants,coolants,conditioners,shop towels,cleaners and degreasers.Note:
Reimbursement for refills of oils/coolants lost due to a warrantable failure is covered when a system failure occurs outside the boundaries of a normal oil change(within 25%of specified
change interval as provided in the Operators Manual).
15. Tom,cut,or worn hoses.
16. Wear items,such as,but not limited to:body liner,belts,blades,bulbs,lubricated joints(including pins and bushings),dry brakes,brake linings,dry clutch linings,saw blades,chains,skidder
grapple shocks,color marking nozzles,and articulation bumpers.
17. Items such as cutting edge parts,delimbing knives,bucket teeth and rubber track are not warranted for depreciation or damage caused by normal wear,lack of proper maintenance,
misuse,failure to follow operating instructions,the elements or accident.
18. Any defect in a non-covered component,or damage to or failure of a covered component caused by a defect in a non-covered component.
19. Secondary damage which occurs from continued operation of a product after recognition of the occurrence of a failure.
20. Parts supplied or modifications done by third party suppliers.
21. Topping off fluids when fluid levels fall in the range between low and full
22. Parts/Kits not ordered on machine and installed aftermarket. These parts will be covered by any applicable parts warranty.
23. Attachments installed aftermarket—i.e.Winch not installed at factory.
24. Custom options installed outside the factory—i.e.G.R.Manufacturing option packages.
25. Used Products(except as otherwise provided in section L below).
F.TERMINATION OF WARRANTY-
John Deere is relieved of its obligations under Standard Warranty,StructurALL Warranty,Factory-Installed Undercarriage Warranty and/or Extended Warranty if:
1. Service(other than normal maintenance and replacement of service items)is performed by someone other than an authorized John Deere dealer;or
2. The product is modified or altered in ways not approved by John Deere,or
3. Any unapproved or improperly sized attachment is installed on the product. Approval and attachment size shall be at John Deere's sole discretion. (Consult dealer prior to installing
attachments or product modification).
4. The product is moved outside the US and/or Canada.
G. PARTS REPLACED UNDER WARRANTY-
Only new or remanufactured parts or components furnished or approved by John Deere,will be used if John Deere elects to repair the product.If any such part or component is defective in
material or workmanship when installed in the product.John Deere will repair or replace,as it elects,such defective part or component,provided the defect is reported to an authorized John
Deere dealer within 90 days of installation or before expiration of the applicable Standard Warranty,Factory-Installed Undercarriage Warranty and/or StructurALL Warranty whichever is later.
H. TELEMATICS
NOTICE:Products may be equipped with telematics hardware and software("Telematics')that transmit data to John Deere/Dealer.Purchaser may deactivate Telematics of www jriiink.nnm.
Notwithstanding Purchaser's right,title or interest in the Products,Purchaser agrees that John Deere and Dealer(their affiliates,successors and assigns),without further notice to
Purchaser have the right to:
1. Access,use,collect and disclose any data generated by,collected by,or stored in,Products or any hardware or devices interfacing with Products("Machine Date-);
2, Access Machine Data directly through data reporting devices integrated within,or attached to,Products,including Telematics("Data Reporting Systems"):and
3. Update the Data Reporting Systems software from time to time.Machine Data will only be used in accordance with John Deere's Machine Data Policy,located at www InhnDeere come
MachineDntnPolicv.
I. OBTAINING WARRANTY SERVICE-
To obtain warranty service,the purchaser must request warranty service from a John Deere dealer authorized to sell the product to be serviced.When making such a request,the purchaser must
present evidence of the product's delivery date,make the product available at the dealers place of business,and inform the dealer in what way the purchaser believes the product to be defective.
Standard Warranty,Factory-Installed Undercarriage Warranty and/or StructurALL Warranty repairs may be made in the field if the purchaser and servicing dealer so desire.However,John Deere will
not be responsible for any charges(such as dealer travel time,mileage or extra labor/labour)that would not have been incurred had the product been repaired at the dealers place of business.
J. NO IMPLIED WARRANTY,CONDITIONS OR OTHER REPRESENTATION-
Where permitted by law,neither John Deere nor any company affiliated with it makes any warranties,representations,conditions or promises,express or implied,as to the quality,performance,or
freedom from defect of its products,other than those set forth in this document and NO IMPLIED WARRANTY OF MERCHANTABILITY,CONDITIONS OR FITNESS IS MADE.
K. NO DEALER WARRANTY-
The selling dealer makes no warranty of its own on any item covered by this warranty,and makes no warranty on other items unless the dealer delivers to the purchaser a separate written
warranty certificate specifically warranting the item.The dealer has no authority to make any representation or promise on behalf of John Deere,or to modify the terms or limitations of
this warranty In any way.
L.USED JOHN DEERE PRODUCTS ONLY-
John Deere will transfer remaining Standard Warranty,Factory-Installed Undercarnage Warranty and/or StructurALL Warranty to the purchaser of a used John Deere construction andlorforestry
product that has been used for less than the full warranty period provided at the product's original retail purchase. This transfer is not effective until change of ownership is registered by a John
Deere dealer. ALL THE TERMS,INLCUDING LIMITATIONS AND EXCLUSIONS,OF THE JOHN DEERE STANDARD WARRANTY,FACTORY-INSTALLED UNDERCARRIAGE WARRANTY,
ANDIOR STRUCTURALL WARRANTY ORIGINALLY PROVIDED FOR THE PRODUCT REMAIN IN EFFECT AND APPLICABLE.
US/CAN DEERE Warranty Statement Ver.7.0 Effective 01 November 2014 Page 2 of 2 Cusmn,cr LiitiaLc