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04
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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090523 SPECIAL
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04
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8/30/2023 4:25:08 PM
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8/30/2023 4:02:42 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/5/2023
DESTRUCT DATE
15Y
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(7)Legal action. Any legal action or claim arising from or related to this <br />Warranty, in contract or otherwise, must be commenced within one <br />year from the accrual of that cause of action, or be barred forever. Any <br />dispute arising in connection with this agreement shall be governed by <br />and construed according to the laws of the State of Michigan and be <br />brought, heard and determined exclusively in either the Circuit Court <br />for the County of Oakland, State of Michigan or the United States <br />District Court for the Eastern District of Michigan. The parties stipulate <br />that the referenced venues are convenient. <br />(8)Remedy. The exclusive remedy under this warranty shall be the repair <br />or replacement of the defective component at ZF's option. ZF reserves <br />the right to require that all applicable covered components are available <br />and/or returned to ZF for review <br />and evaluation. THE MAXIMUM LIABILITY, IF ANY, OF ZF FOR ALL <br />DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT <br />DAMAGES, BREACH OF WARRANTY, NEGLIGENCE, STRICT <br />LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO <br />EXCEED THE PURCHASE PRICE OF THE PRODUCT and where <br />indicated in the product and application warranty information above, <br />the inclusion of labor is limited to the standard repair time. THE <br />PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION <br />OF DAMAGES PROVISION SET FORTH IN THIS PARAGRAPH <br />SURVIVES BETWEEN THE ORIGINAL END USER AND ZF EVEN IF <br />THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL <br />OF ITS ESSENTIAL PURPOSE. ZF may change the design or make <br />improvements to its Products without incurring any warranty obligation <br />for previously manufactured Product . <br />(9)Entire Agreement. This is the entire agreement between ZF and the <br />Owner about warranty and no, ZF employee, or dealer is authorized to <br />make any additional warranty on behalf of ZF unless in writing and <br />signed by an authorized representative of ZF.
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