HomeMy WebLinkAboutContract CAG-19-047
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AGREEMENT FOR FURNISHINGS FOR DOWNTOWN PARKLET
THIS AGREEMENT, dated December 31, 2018, is by and between the City of Renton (the "City"),
a Washington municipal corporation, and Tournesol Siteworks, LLC, a California Limited Liability
Company. The City and the Consultant are referred to collectively in this Agreement as the
"Parties." Once fully executed by the Parties,this Agreement is effective as of the last date signed
by both parties.
1. Scope of Work: Consultant agrees to provide engineering, design work and furnishings
for a downtown Parklet located at 710-724 S 3rd Street as specified in Exhibit A, which is
attached and incorporated herein and may hereinafter be referred to as the "Work."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement no
later than April 1, 2019. All Work shall be performed by no later than June 30, 2019.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $43,172.80, which includes applicable state and local
sales taxes. Compensation shall be paid based upon Work actually performed
according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that
any hourly or flat rate charged by it for its Work shall remain locked at the negotiated
rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as
specifically provided herein,the Consultant shall be solely responsible for payment of
any taxes imposed as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed,the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the.
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant's performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement.The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10)calendar days' notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents,data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
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Standard Plans for Road, Bridge and Municipal Construction). Consultant further
represents and warrants that all final work product created for and delivered to the City
pursuant to this Agreement shall be the original work of the Consultant and free from any
intellectual property encumbrance which would restrict the City from using the work
product. The City's or other's adaptation, modification or use of the final work products
other than for the purposes of this Agreement shall be without liability to the Consultant.
The provisions of this section shall survive the expiration or termination of this
Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement.The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee.The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
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attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration, improvement,etc.,of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
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11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
C. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
D. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
E. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
13. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control.When such delays beyond the Consultant's reasonable
control occur,the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
14. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing
wage requirements. Contractor must file an Intent to Pay Prevailing Wage at the
beginning of the project and an Affidavit of Wages Paid at the end of the project with the
Washington State Department of Labor and Industries,
http://www.lni.wagov/Tradesl_icensing/PrevWage/default.asp.
of
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15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON CONSULTANT
Jessie Kotarski Catherine LeDuke
Economic Development Specialist Tournesol Siteworks
1055 South Grady Way 2930 Faber St
Renton, WA 98057 Union City, CA 94587
Phone: (425) 430-7271 Phone: (720) 226-1276
jkotarski@rentonwa.gov cleduke@tournesol.com
Fax: (425) 430-7300 Fax: 510-471-6243
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
SE,,,
PAGE 6 OF 10
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
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A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City's project manager is Anthony
Marris-Swann. In providing Work, Consultant shall coordinate with the City's contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby waives any objection that it may have to the venue of any such lawsuit or legal
action in such court, and it hereby consents to personal jurisdiction in such court of
any such lawsuit or legal action.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
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I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTA
By: By: &II
Denis Law Ca! ! e LeDuke
Mayor Tournesol Siteworks
b / 7 17 January 2019
PAGE 9 OF 10
Date Date
Attest
Jaso A. Seth „ovomit,,,,„/.
City lerk 0 IF REN",,„
Approved as to Legal Form F.: * SEAL
Shane Moloney
Renton City Attorney
Non-standard form
(11)
PAGE 10 OF 10
Tourane
Your Tournesol Siteworks Representative:
oL Catherine LeDuke, Tournesol Siteworks
(720)226-1276 c(800) 542-2282 xt 173 d
SITEWORKS cleduke@tournesol.com
Jessie Kotarski ph: (425)430-7271
City of Renton fax: (425)430-7300
1055 South Grady Way e-mail:jkotarski@rentonwa.gov
Renton, WA 98057
Estimate Nr: 181219981-A prepared by:cleduke@tournesol.com
Project: Cortona Building -710-724 S. 3rd Street Renton WA estimate date: 1/9/2019
Estimated Need Date: 3/1/2019
Qty Part# Description Detail Lead Unit Price Extended
time
8 WCR-2400F Tier 2 Tournesol Wilshire Collection Square Color/Texture:Pitch/Acid $468.00 $3,744.00
GFRC Lightweight Concrete Planter Etch
Dimensions:24"Sq.x 24"Height,no reveal
Tier 2 Finish
2 WCR-3600F Tier 2 Tournesol Wilshire Collection Square Color/Texture:Pitch/Acid $1,000.00 $2,000.00
GFRC Lightweight Concrete Planter Etch
Dimensions:36"Sq.x 30"Height,no reveal
Tier 2 Finish
10 DHC 2"Standard Drain Hole,per unit,per Option,please confirm if F $0.00 $0.00
drawing specifications. selected
Option,recommended for regions with
freeze/thaw conditions.
2 TT-2300 Boulevard Tiletop Stool Color:Pitch F $577.00 $1,154.00
Backless stool
FRP fiberglass Tier 1 with Boulevard wood
top
Dimensions:23.75"sq x 20"H
1 PSC Custom Paint Color(complex) Pitch(painted)for GFRC $250.00 $250.00
(eg.,Tier 3allic,powder-coated,etc.) planters
1 Note All stainless steel cabling $0.00 $0.00
is by others.
2 Custom Site Tournesol Siteworks Custom Site TS2-181219981-001, F $2,500.00 $5,000.00
Furnishing Furnishing Products. Single legged table with
embed mounting
2 Custom Site Tournesol Siteworks Custom Site TS2-181219981-002,48" F $4,800.00 $9,600.00
Furnishing Furnishing Products. long counter top bar with
embed mounting
2 Custom Site Tournesol Siteworks Custom Site TS2-181219981-003,72" F $6,200.00 $12,400.00
Furnishing Furnishing Products. long counter top bar with
embed mounting
1 Custom Engineering Charges for engineering and design, B $1,500.00 $1,500.00
including concept collaboration and
submittal drawings,billed separately from
custom part charges.
1 FRPU-FRT Freight charge for taxable states Estimated freight $3,600.00 $3,600.00
Product Subtotal: $39,248.00
Sales Tax 10% $3,924.80
Est. Freight to Jobsite
Tournesol Siteworks LLC
2930 Faber St., Union City, CA 94587
ph: 800-542-2282 fax: 510-471-6243 infoCatournesol.com
tournesol.com
Total Price: $43,172.80
Estimated Lead Times: (A)up to 2-3 weeks,(B)up to 3-4 weeks,(C)up to 4-6 weeks,
(D)up to 5-7 weeks,(E)up to 6-8 weeks,(F)as noted
• All leadtimes start from actual release for production,and are subject to change.
Actual leadtime will be confirmed by Tournesol Siteworks at time of order.
Tournesol Siteworks LLC
2930 Faber St., Union City, CA 94587
ph: 800-542-2282 fax: 510-471-6243 info(atournesol.com
tournesol.com
Estimate Nr: 181219981
Project: Cortona Building -710-724 S. 3rd Street Renton WA
estimate date: 1/9/2019
Terms, Conditions of Sale, Freight 8 Warranty Information
Commercial List Pricing shown is provided as a non-binding approximation of prices available to qualified wholesale accounts through Tournesol
Siteworks distributors.For a complete list of distributors,check tournesol.com or call 800-542-2282. This estimate does not constitute an offer to
sale.Should Tournesol Siteworks,at its sole discretion,choose to accept an order based upon this estimate,it shall do so in accordance with the
terms and conditions established here unless specifically stated in writing by its authorized agent.
Payment-Net 30 Days
Returns&Cancellations—Custom orders may not be canceled, nor product returned.Cancellations on project orders larger than$10,000 are subject
to stage of manufacture,and will be assessed the larger of a 25%cancellation fee or percentage of project completion. Products manufactured to
order may not be returned. Returned merchandise must be in new or like-new condition,in original packaging. Returns will not be accepted past 90
days after delivery.All exchanges and returns require Returned Material Authorization(RMA)number from factory. Return freight must be prepaid,
and a restocking fee of 25%will be charged. Restocking fee may be waived on exchanges,at the company's discretion. Returns not accompanied
by a RMA number will be refused by shipping and returned at the customer's cost.
Confirmations—All orders over$1000 require purchase order or written confirmation prior to processing.Orders confirmations,expected shipping dates
and other critical information will be confirmed to an email address provided by client.Tournesol Siteworks will fabricate and ship orders based
upon confirmed shipping dates.Please notify us in writing should your requested shipping date change. Unless provided with adequate notice,
delayed shipments will be invoiced on shipping date and may be subject to storage charges.
Estimates—Unless otherwise noted,all estimates are valid for 90 days,and should be updated after this period.
All prices subject to change without notice.
Freight
All products are shipped freight prepaid and billed. All freight will be shipped FOB from facility of manufacture:Union City CA,El Paso TX,or Port
Orchard WA
Any unusual freight requirements must be indicated for freight estimate to be valid.Requests for liftgate service,delivery appointments,driver assistance
or other additional services must be made prior to shipping.
All freight estimates include a surcharge for packaging and handling.Tournesol Siteworks reserves the right to add a 2%packaging&handling charge
for all freight-prearranged or will-call orders.Will-call orders produced in a different facility will be subject to freight charges between facilities.
Split shipments will typically increase the freight charges. Freight splits require written approval prior to releasing the shipment.
Shipping dates are approximate and are based upon prompt receipt from Buyer of all necessary information, releases, and approvals. In no event will
Tournesol Siteworks be liable for damages of any kind arising out of delay or non-delivery,due to causes beyond its reasonable control including,
but not limited to, acts of God,acts of civil or military authority,war,riots,fire,explosion,flood,strike,lockout,injunction,accident,breakage of
machinery or apparatus,or inability to obtain fuel,power, raw materials, labor,containers or transportation facilities.Tournesol Siteworks will
coordinate and make every effort to notify the client of any delivery issues.
Freight Damage Claims—Claims for shipping damages must be made against the carrier on all products shipped FOB shipping point.The customer
must inspect all shipments for damage before signing for delivery. Damaged product must be noted on bill of lading before the driver leaves,and
reported to Tournesol Siteworks within 24hrs. If it isn't noted on the bill of lading,the freight carrier won't honor claims for damages.
Packaging Damage Claims-Shipments must be opened and the contents inspected within 7 days from delivery.Typical packaging damage would
include adhesive marks left on product from tape,foam wrap, rub marks,and the like.Tournesol Siteworks is not liable for packaging damage
reported to the company after this period.
Tournesol Siteworks'Three-Year Limited Warranty
Tournesol Siteworks LLC warrants to the initial purchaser of its products that they will repair or replace product that contains a defect in material or
workmanship for a period of three years from the date it is delivered to the initial purchaser.
This limited warranty does not include those parts which fall under standard regular maintenance of the product.The warranty does not apply to
conditions resulting from misuse,abuse,failure to follow directions for use,unauthorized modifications, neglect,accident or other hazard or the like. The
remedy under this warranty is limited to repair or replacement,at Tournesol Siteworks'option,of the defective parts of the warranted
product.Repair or replacement of a part does not extend the warranty beyond the initial warranty period.
This is the only written warranty applicable to the product. The duration of the implied warranty on the product is limited to the three year duration of this
express warranty. In no event shall Tournesol Siteworks be liable for any incidental or consequential damages,including but not limited to
damage to any plants which may have been planted in the product. Some states do not allow limitations on how long an implied warranty lasts or
the exclusion or limitation of incidental or consequential damages,so the above limitations or exclusions may not apply to you. This warranty gives you
specific legal rights and you may also have other rights which may vary from state to state.
Tournesol Siteworks LLC
2930 Faber St., Union City, CA 94587
ph: 800-542-2282 fax: 510-471-6243 infoCitournesol.com
tournesol.com