HomeMy WebLinkAboutresolution.council.088-14 RESOLUTION # 88
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND INTERMOUNTAIN SWEEPER 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 a
Tymco 600 Dustless Regenerative Air Sweeper, between the City of Aspen and
Intermountain Sweeper 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 a Tymco 600 Dustless Regenerative Air Sweeper, between the City of Aspen
and Intermountain Sweeper 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 y they i ^ Council of t e City of
Aspen on the 28th day of July, 2014.
teven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Cle 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, July 28, 2014.
AA. - OaN,,�(ou
Linda Manning, ity Clerk
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT 1
SUPPLY PROCUREMENT
City of Aspen Project No.: 2014-090,
AGREEMENT made as of 281" day of hill,in the year 201 1.
BETWEEN the City:
Contract Amount:
The Cite of'.aspen
c/o Fleet
130 South Galena Street Total: 5210,362.00
Aspen, Colorado 8161 1
Phone: (970) 920_.So15
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
Intermountain Sti�eel�er
Conipmv until it has been approved by the City
c,`o Council of the City of Aspen.
3881 Parts Street, City Council Approval:
Denver, CO 80230
Phone: 303-S 114-04o Date: July 28, 2014
Resolution No.:__-10/g7Q55
Summary Description of Items to be Purchased:
Tymco 690 DL[StIeSS Res,encrat«e .f it S%\eCper
Exhibits appended and made a part of this Agreement:
Exhibit A: I.iSt of'SaI1)17hes. e.gLiipnrent. or nt tt vials to (}e 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 Potv er Plal» Road. E7en. ( olora�io 81 o 1 1,)
[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. (See Exhibit 13)
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.
IL Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
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.
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.
[SIGNATURES ON FOLLOWING PAGE]
FOR THE CITY OF ASPEN:
AT By: G��s��►�/
City Manager
Ci C erk
VENDOR:
INTERMOUNTAIN SWEEP O PANY
By:
Title
QUOTATION
DENVER OFFICE
r f TM UN.,T ,j E Denver,CO 80239 3881 Paris Street#A(303)574.0340
° • • Fox(303)574-9468
1-888-793.3726(outside Denver)
TO .
— --
Wily McFarllri QUOI'AIICN iIFTF SALESPERSON
City of Aspen &W A-
1080 Power Plant Road
Aspen,CO 81§11 a o
r °
TERMS SHIPPFD VIA t=.O.D. ESTIMATED SHIPPING DATE
Net 10 Best way I Destination 5-15 Days ARO
bESCRIPTION OPTION PRICES AMOUNT
I
Tymco 600 Dustless Regenerative Air Sweeper $280,362.00
Mounted on Peterbuilt Cabover Chassis Single Right Steer
Less rade in for
BUILT IN VALUE INCLUDES 2008 ST-6
John Deere turbo diesel aux. engine-99 HP -$70,000.00
Auto shutdown for to oil and high temperature
j HD air cleaner with turbo pre cleaner/filter minder Net $210,362.00
Dustless dry sweep system-Series 11 in Stainless Box
High efficiency dry filter system with wet sweep capability
Automatic self cleaning filter system purges filters
Separate secondary containment area for ultra fines I
High Capacity Stainless Dust Separator
I
220 Gallon water system with air purge clean out and drain system
Cat 290 water pump with hi/low wash down system
BAH Broom Assisted Head
Dual gutter brooms with dual in cab gutter broom tilts,mirrors,
lights
Hopper deluge,Head deluge,Dust box deluge cleanout
Rubber lined blower with Lo Noise ratio
Abrasion protection package and severe weather wiring package
Hopper suction throat inlet liner and inlet wear flange
Auxiliary 8" suction hose with hydraulic assist boom j
Duo skids with 2 Year warranty ! i
Dual steering with air suspension seats
Deluxe back lit control console
I
Amber strobe w/limb guard and flashers on rear I '
Back up alarm and rear floodlights
220 HP Turbo Engine with Allison 250ORDS-P transmission
31,000 GVW Chassis with Bendix Air Dryer
I
AM/FM stereo and air conditioned cab
Operator/Training DVD
i
WE ARE PLEAS TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION.SHOULD YOU PLACE AN ORDER.BE ASSURED IT WILL RECEIVE OUR
PROIAPT ELATION.THIS QUOTATION IS VALID FOR DAYS.IHEHEAFTFR I I IS 3UB.IFGF TO CHANGE WITHOUT NOTICE
QUOTED
BY- ACCEPTED BY --- __--_--_DATE
termouu iSin Svreeper Co. --
PURCHASE ORDER It _
THANK YOU!WE APPRECIATE YOUR BUSINESS.
QUOTATION
DENVER OFFICE
}, .fl TERM O UNxTA,i ` W. PE 3881 Paris Street#A
,I I i Denver,CO 80239
•ll.xf• • • ■ (303)574-0340
• • fax(303)574-9468
1-888-793.3726(outside Denver)
TO
Willy McFarlln QUOTAT!ON❑ATE SALESPERSON
City p of Aspen
TERMS SHIPPED VIA RO.B, I ESTIMATED SHIPPING DATE
i
Net 10 Best way�{/., I Destination With Unit
DESCRIPTION I OPTION PRICES AMOUNT
Tymco 600 Options
BAH Broom Assist Head ( Included
Lo noise Turbo charged engine 99 HP Tier III j Included
In cab hydraulic gutter broom tilt -each Included
Auto Sweep Interrupt System Included
Auxiliary Suction hose with hydraulic assist and auxiliary Included
hydraulics Included
Aux hand hose extension nozzle $425.00
Hi/Low pressure wash down system with Cat pump and wand Included
High output water system for extreme dust control Included
Reverse Pickup Head Chains Included
In cab dump switch Included
Aux Engine Intake Heater I Included
Hopper load indicator I Included
Stainless steel hopper,screen,inspection doors,raker plate Included
Full length cab light bar-LED type with 12 modules I $1,900.00
Arrow stick with in cab controller Included
Electric Remote and heated mirrors Included
Leaf Curtain Lifter Hydraulic with in cab actuator Included
Wire woven Chip Screen Split type Included
Variable Speed Gutter Brooms Included
Aux Fuse panel for lights and radios Included
Water system level gauge electric dash mounted Included
Tier 4 Auxiliary Engine $15,000.00
Single Steer Right Hand Drive Chassis 3 Camera System Inc. Included
Some options may affect standard equipment by change or upgrade
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kmountain SUBMIT TIDE ADOVE QUOTATION FOR YOUR CONSIDEnATION.SHOULD YOU PLACE AN ORDER,BE ASSURED IT WILL RECEIVE OUR
N.THIS QUOTATION IS VALID FOR DAYS.THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTICE.
QUOTED
BY__ ACCEPTED BY DATE
er C o. — --
PURCHASE ORDER#
THANK YOU!WE APPRECIATE YOUR BUSINESS.
1
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Deiftned for Simplicity and Serviceability
TYMCO remains committed to manufacturing the highest q sweepers available today.The latest design
DST-6®(Dustless Sweeping Technology)Regenerative Air Sweeper'has it's roots in over 18 years of proven service... 1
with a satisfied customer Iist to backup every claim of superior performance.Environmental regulations are not just (.
for hazardous waste dumps and chemical plants anymore.The Clean Water Act and Clean Air Act affect virtually all
industrial and municipal activity.Regulators are concerned with the production of all types of fugitive dust and polluted REGENERATIVE AIR SWEEPERS
Water runoff. For more than 30 years,TYMCO Regenerative Air Sweepers have been used to help industries and
municipalities where fugitive dust and contaminated material must be picked up,contained or eliminated.
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AM -
Convenient Dealer Service Venters
In over 50 U.S.locations and dozens of others worldwide,you receive on-the-spot parts and service
from our exclusive network of TYMCO dealers-
REGENERATIVE AIR SWEEPERS DUSTLESS SWEEPING ■ ECHNOLOG f
FOR MORE INFORMATION CALL +
1-800-258-9626 FROM THE PEOPLE
MCORE6ENERIITIVEAIR WEEPERS are
WHO INVENTED REGENERATIVE AIR SWEEPING!
QMO Rule 1186 Certified PMt-Effie W w.tynwoxom
Compliance with Clean Air & Clean Water Regulations has just been made a little easier.
TYMCO Engineering has designed a DUSTLESS sweeper for even the most severe cleaning jobs.The TYMCO DST-6*not only removes dirt,dust and debris from the sweeping
surface,it also cleans the exhausted air to 99.999%of 0.5 Micron size particles.TYMCO's patented filtration system enables the DST-6*to be equally efficient in wet or dry
conditions,so you don't have to add to the problems of meeting the EPA's PM 10 requirements by avoiding puddles and leaving debris behind.The TYMCO DST-6`was designed to
utilize a"standard truck chassis,"giving it the capability to travel to the job site at legal speed limits and then perform the dustless cleaning required in Municipal and Industrial
applications.The Dustless features are engineered to allow the sweeper to perform in all types of weather conditions with no operator adjustments.
IST16
• - _-
11111111111M MMI-I I i1K1' s
Environmentally Superior Cleanind-for
• Year Round Cleaning Where Normal Water/Dust Control Freezes 77M(70§Mode1DST-6 isalhome It r egtmly efficient cleaning in and The DST-6 delivers superior perjormance
cleaning America}pmt facilities... around cement applications. above ground,in nuning and starage
• Municipal Sweeping and DOT Applications
• PM,o Non-Attainment Areas applieatians
r
• Industrial Plants And m under_ + essential.applicaoanr.where
clean air is essential.
T
The DST-6 can he equipped with TY.M('O k TYMCOY Broom Assist Pick-up Head 70
powerful Aictdtary Hand Hose option, (BAH°)wilh UUO SKIDS`gtves you a wi
allowing easy clean-up ofthose hard to full89 inch.sweeping posh.<Yth m-cob TYMCUY dua!a3"dtmnccer wire � _ -
mach applications such as catch basins controls that allow broom-assisted filled digger style gntler brooms '• �° it! -and arowid garbage containers and sweeping only when needed make short work of aceum fated b a I ' r
compactors.Thr pau erf it suction power debris along curbs and in guiters_ A patented Sr/f-C—i—d Muthple i
enables mu to clean catch basins up to 20 Dual gutter broom tilt adjusters Filtration System enhances the
feet deep.Controls are located at the mar allows the operator to adjust Regeneraitve Air System•allowing the
of the sweeper for greater operator safety. broom angle from the cab. DST-6 to keep cleaning Wet or Dry!
• • MOM
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REGENERATIVE AIR SWEEPERS
REGENERATIVE AIR SWEEPER®
WARRANTY
TYMCO REGENERATIVE AIR SWEEPERS ("TYMCO Product") are warranted to be
free from defective materials and workmanship for a period of 12 months or 1,000
hours from date of delivery and such period being hereinafter referred to as "warranty
period."It is the sole responsibility of the dealer in whose territory the TYMCO Products
are used, with respect to the warranty period to replace, free of charge, F.O.B. Waco,
Texas, any original TYMCO part or parts which may prove to be defective due to
defective workmanship or materials within the warranty period. This warranty does
not apply to instances where there has been use of unauthorized parts or changes
to the TYMCO Product, whether done voluntarily or by incompetence, carelessness,
negligence, accident or need of attention upon the part of the purchaser, agents,
employees or other parties.
This warranty shall not cover normal maintenance and adjustments, and shall not
include, nor shall Seller or TYMCO be liable or responsible for, material for normal
wear and usage.
TYMCO reserves the right to change the design and construction of the TYMCO
Product when, in its sole discretion, any such change represents an improvement to
the TYMCO Product.
All non-Tymco purchased equipment and accessories are subject to that manufacturer's
guarantee to the extent that such guarantee may apply and are not subject to this
warranty nor to any implied warranty by TYMCO or the Seller.
THIS WARRANTY BY TYMCO AND/OR SELLER IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER
TYMCO NOR SELLER SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND OR
NATURE, WHETHER DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL
WITH RESPECT TO THE SALE, USE OR PURCHASE OF THE TYMCO PRODUCT.
FURTHER,NEITHER TYMCO NOR SELLER SHALL BE LIABLE FORANY DAMAGES
BY REASON OF LOSS OF PRODUCTION, DOWN TIME, LOSS OF PROFITS OR
LOSS OF INCOME ARISING FROM ANY REASON WHATSOEVER.
NO PERSON ISAUTHORIZEDTO GIVE ANY OTHER WARRANTIES ORTOASSUME
ANY OTHER LIABILITY ON TYMCO'S BEHALF UNLESS MADE IN WRITING BY
TYMCO, AND NO PERSON IS AUTHORIZED TO GIVE ANY WARRANTIES OR
TO ASSUME ANY LIABILITIES ON THE SELLER'S BEHALF UNLESS MADE IN
WRITING BY THE SELLER.
This warranty gives you specific legal rights, and you may also have other rights that
vary from state to state.
Naterbilt�(otois Cumpany Wurrttayr Axrcerimut 498.1 revision 01112 Page 3 of 3
PE:TTIR1311 1 MOTORS C'OMPAN'f
Medium Duty Warranty Schedule
UNIT ED STATES
J�HI%:';.E, fj(yl_
THIS VEHICLE WARRANTY SCHEDULE APPLIES ONLY TO ORIGINAL FACTORY EQUIPMENT AND IS SUBJECT TO THE TERMS AND
LIMITATIONS IN THE ATTACHED LIMITED WARRANTY AGREEMENT.Pursuant to the brms of the attached Lumted Warranty Agreement,Peterblt
Motors Company will poy warranty deims for Warrantable Failures within the following maximum limits in time or mileage,whichever shat occur
trst.The Warrantable Failure must be brought to the attention of an authorized Dealer within 30 days of discovery
MONTHS MILES
ASIC VEHICLE
coverage applies to the basic highway vehicle,except for additions)coverage and warranty exclusions 12 Unlimited
ajor Components
atop,Marllor 6 Dana Spicer front axle,beam,spindles,kingpin 6 kingpin bushings.
Merbor&Dane Spicer rear axis ttfferential assembly,axle shafts i3 axle housing.
nwl banamleslons,gears,shafts.case 3 bet housing. 24 Unlimited
abn auto Shift.
x and Merilor brakes,brackets cam shafts,spiders and aleck adjustors(excludes Air Door Brakes).
components of the cab,hood(hood half lenders).and sleeper.
and TRW steering ears.
aton Hybrid Components
ybrid Ddve Unit(HOU)wMh Motors and Electronic Actuator(ECU),Electronic Clutch Actuator(EGA),
over Electronic Cartier(PEC),including batteries,Inverter,Hybrid Control Module(HCM), 36 150,000
C1DC Convertor(in Utility Application Only),Auxiliary Power Generator ltit(APG)(in Utility Application Only)
ad Frame.Stricture and Cab Corrosion
rime raga,gussets,cross-members and"=as, 36 Unlimited
b,hood and sleeper parturition caused by corrosion from within This warranty does not apply no Corrosion
by to a cab,hood or sleeper or io finish namt
her Coverage
A banes 12 Unlimited
and seals 12 S0,000
CAB,HOOD d SLEEPER PAINT 12 100,000
RAMS PAINT– lack only_ 12 100,000
PAW-AN colors other than black 6 s0,000
RAMEPAINT-Log r Ilaxar.Dum Refuse,Oil Field R Construction a ons 3 25,000
era a rrurp base orh u Poertitift chassis having any of Me FoIWMng*un ms off-road
ration,AN wheal drlw.Min slow axles,all front stoor axles rated @ 21,000 Ilea.OAWR or to W 12 50,000
in Is raw drive miss rated @ XQ$0lbs,GAVVR or greater,Tandem rear axles rated 13 52,000Iles l3AWR
anialor or 10%or Mato 41064 C sarNor D used*.
L — Customer Initials
Chassis Numberla)(t7-digit V!NI
i
JOHN DEERE POWER SYSTEMS
GROUP
WARRANTY INFORMATION
i 4043T Tier 3 '
STANDARD WARRANTY: 2 Years/2,000 Hours
i
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EXTENDED WARRANTY AVAILABLE:
2 Years/3000 Hours $19000
2 Years/4000 Hours $1,250
2 Years/5000 Hours $19450
3 Years/2000 Hours 519025
3 Yearsl3000 Hours $19200
3 Years/4000 Hours $1,375
3 Years/5000 Hours $19600
4 Years/2000 Hours $1,100
4 Years/3000 Hours $1,375
4 Yea rs/4000 Hours $19575
4 Years/5000 Hours $19750
5 Years/2000 Hours $19250
5 Years/3000 Hours $1,575
5 Years/4000 Hours $1,750
5 Years/5000 Hours $1000
xtended warranty may be purchased within one(1)year from the date of delivery
f the engine to the original retail purchaser. A$250.00 deductible will be charged
n each occurrence.
01/01/13
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