17-25Resolution No. 17 -25
RESOLUTION
AUTHORIZING EXECUTION OF SALES CONTRACT WITH FIRE SERVICE, INC.
REGARDING THE PURCHASE OF ONE E -ONE TYPHOON TRIPLE COMBINATION
CUSTOM PUMPER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute Sales Contract on behalf of the City of Elgin with Fire
Service, Inc. regarding the purchase of one E -One Typhoon Triple Combination Custom
Pumper, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 22, 2017
Adopted: February 22, 2017
Omnibus Vote: Yeas: 8 Nays: 0 Abstained: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SALES CONTRACT
THIS AGREEMENT is hereby made and entered into this 22 day of February, 2017,
by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City ") and Fire Service, Inc., an Indiana corporation (hereinafter referred to as "Fire Service ").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
hereby agree as follows:
I . ACCEPTANCE: Fire Service agrees to sell and the City agrees to purchase the apparatus
and equipment described in the Fire Service, Inc. Proposal Specifications dated January 26, 2017,
attached hereto and made a part hereof as Attachment A.
2. City shall purchase, and Fire Service shall sell to City the goods and /or services described
by Attachment A.
3. This agreement shall be subject to the terms and conditions contained herein and as
provided by Attachment A.
4. DELIVERY: The apparatus shall be ready for delivery within approximately 330 -360
calendar days after the date of this agreement. Fire Service shall not be liable for penalties and /or
delays due to strikes, failures to obtain materials, fires, accidents, force majeure, or any other
causes beyond Fire Service's control.
In order to establish a stable design, procurement, and build schedule, the City change order cutoff
date of two (2) weeks, or if a pre -build is required eight (8) weeks, from the date of the execution
of this contract shall apply. Changes in major components, configuration, or other items that may
change the major components or configuration, (e.g.: engine, transmission, axles, water tank, body,
fire pump) will not be allowed after the contract execution date.
If inability to obtain exclusive or brand name materials causes completion or delivery problems,
Fire Service shall advise the City of said problem. Fire Service shall examine alternative sources
of said material. Material substitutions shall be mutually agreed upon by the City and Fire Service.
No substitutions shall be made without the execution of a written change order by the City.
5. CHANGE ORDERS: Changes to the contract may be requested by the City after the
execution of the contract according to the terms of this agreement. Changes shall be reviewed for
cost and schedule impact by Fire Service. Changes shall be sequentially numbered. Change
Orders shall be prepared by the City and executed by the City. The price of the apparatus shall be
adjusted to take into account any Change Orders. Any and all Change Orders may extend the
completion and delivery of the apparatus.
6. SPECIFICATIONS: Fire Service and City agree that all material and workmanship in
and about this apparatus shall comply with the Fire Service Revised Confidential Specifications
for the Elgin Fire Department dated 01/26/2017 incorporated herein by reference, and made apart
hereof, and any authorized change orders.
7. WARRANTY: The warranties shall be as proposed in the Fire Service specifications
attached hereto and made a part hereof as Attachment B.
8. PRICE: The City shall pay Fire Service, as a purchase price for the apparatus, the sum of
Five Hundred Five Thousand Three Hundred Eighty-Five Dollars and Zero Cents or
$505,385.00. All prices do not include any applicable local, state, or federal taxes which may be
applied to the apparatus proposed. NOTE: Payment shall be made only to:
Fire Service, Inc.
9545 North Industrial Drive
Saint John, Indiana 46373
TERMS OF PAYMENT:
One (1) E -ONE Typhoon Triple Combination Custom Pumper as described above.
$ 505,385.00 Specification Price
$ (10,000.00) Trade -In Allowance KME 2003 Engine Vin IK9AF428X3N058978
$ (9,271.00) 100% Pre - Payment Discount including a Performance Bond (payment
required within 30 days of contract signing)
$ 486,114.00 Final Purchase Price
The purchase price payment reflects US dollars and does not include any authorized change
orders which, if applicable, shall be paid at time of final inspection and signed acceptance.
b) No payment of any amount shall be made payable to a sales representative without
written approval from Fire Service.
C) It is agreed that the apparatus and equipment covered by this contract shall remain
the property of Fire Service and not be placed in service until the entire contract
price has been paid.
10. The unit shall be inspected and /or delivered within seven (7) days of written notice that the
unit has been completed.
11. CANCELLATION: This contract is subject to cancellation by City prior to acceptance of
a conforming unit only upon payment to Fire Service of reasonable cancellation charges, which
shall take into account expenses already incurred and commitments made by Fire Service.
12. TAG -ON /ADDITIONAL ORDERS: At its sole discretion, Fire Service may allow the
terms of this contract to be extended to the City for the purchase of a similar unit(s) under similar
terms for a period of three (3) years from the date of the execution of this contract. Should Fire
Service choose to exercise this option, it shall be permitted to adjust the contract pricing to account
for equitable price adjustments associated with the change in the cost of the materials used to
produce the unit. Such adjustments will be based upon any changes required by any new NFPA
Standards or Requirements, any new EPA Standards or Requirements, and the Producer Price
Index (PPI) for fire trucks and /or heavy transportation equipment, or by itemizing changes between
the unit(s) purchased via this contract and any subsequent orders. Such changes shall be
documented via signed change orders, including any necessary price adjustments.
This contract, including its appendices, embodies the entire understanding between the parties
relating to the subject matter contained herein and merges all prior discussions and agreements
between them. No agent or representative of Fire Service has authority to make any
representations, statements, warranties, or agreements not herein expressed and all modifications
of amendments of this agreement, including any appendices, must be in writing signed by an
authorized representative of each of the parties hereto.
No surety of any performance bond given by Fire Service to the City in connection with this
Agreement shall be liable for any obligation of Fire Service arising under the Standard Warranty.
13. This agreement is subject to and governed by the laws of the State of Illinois. Venue for
the resolution of any disputes or the enforcement of any rights arising out of or in connection with
this agreement shall be the Circuit Court of Kane County, Illinois. Fire Service hereby irrevocably
consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of
any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant
to this agreement or the subject matter hereof, and Fire Service agrees that service by first class
U.S. mail to the entity and address provided for herein shall constitute effective service.
14. There shall be no modification of this agreement, except in writing and executed with the
same formalities of the original.
15. This agreement embodies the whole agreement of the parties. There are no promises,
terms, conditions or obligations other than those contained herein, and this agreement shall
supersede all previous communications, representations or agreements, either verbal, written or
implied between the parties hereto.
16. Fire Service hereby waives any and all claims or rights to interest on money claimed to be
due pursuant to this agreement, and waives any and all such rights to interest to which it may
otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local
Government Prompt Payment Act (50 ILCS 50511, et seq.), as amended, or the Illinois Interest Act
(815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any
expiration, completion and/or termination of this agreement.
17. Notwithstanding any other provision of this Agreement, it is expressly agreed and
understood that in connection with the performance of this Agreement, Fire Service shall comply
with all applicable federal, state, city and other requirements of law, including, but not limited to,
any applicable requirements regarding prevailing wages, minimum wage, workplace safety and
legal status of employees. Without limiting the foregoing, Fire Service hereby certifies, represents
and warrants to the City that all of Fire Service's employees and/or agents who will be providing
3
products and/or services with respect to this Agreement shall be legally authorized to work in the
United States. Fire Service shall also, at its expense, secure all permits and licenses, pay all charges
and fees, and give all notices necessary and incident to the due and lawful prosecution of the work,
and/or the products and/or services to be provided for in this Agreement. The City shall have the
right to audit any records in the possession or control of Fire Service to determine Fire Service's
compliance with the provisions of this section. In the event the City proceeds with such an audit,
SHI shall make available to the City Fire Service's relevant records at no cost to the City. City
shall pay any and all costs associated with any such audit.
18. The terms of this Agreement shall be severable. In the event any of the terms or the
provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,
the reminder of this Agreement shall remain in full force and effect.
19. This agreement may be executed in counterparts, each of which shall be an original and all
of which shall constitute one and the same agreement. For the purposes of executing this
agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated
in all manners and respects as an original document. The signature of any party on a copy of this
agreement transmitted by fax machine or e-mail shall be considered for these purposes as an
original signature and shall have the same legal effect as an original signature. Any such faxed or
e- mailed copy of this agreement shall be considered to have the same binding legal effect as an
original document. At the request of either party any fax or e-mail copy of this agreement shall be
re- executed by the parties in an original form. No party to this agreement shall raise the use of fax
machine or e-mail as a defense to this agreement and shall forever waive such defense.
20. In the event of any conflict between the terms and provisions of this purchase agreement
and Attachment A hereto, the terms and provisions of this purchase agreement shall control.
21. Transfer of title and risk of loss shall transfer to City upon delivery at City's designated
delivery site.
22. All delivery costs shall be borne solely by Fire Service.
IN WITNESS WHEREOF, the City and Fire Service have caused this contract to be
executed by their duly authorized representatives on this 22 day of February 2017.
FIRE SERVICE CITY
Fire Service, Inc. City of Elgin
9545 North Industrial Drive 150 Dexter Court
Saint John, Indiana 46373 Elgin, Illinois 60120
BY: BY:i�� /.1��
NAME: Greg Hansen
TITLE: Apparatus Sales Representative
DATE: February 14, 2017
NAME: Richard G. Kozal
TITLE: City Manager
DATE: February 22, 2017
(Second if required)
ATTES
NAME: Kimberly A. Dewis
TITLE: City Clerk
DATE: February 22, 2017�/��
d
ATTACHMENT A
Apparatus Sales & Service
9545 Industrial Drive North
St. John, Indiana 46373 (630) 918 -8514
Email: gregC@fireserviceinc.com (800) 578 -4281
Website: www.fireserviceinc.com Fax # (219) 365 -8572
January 27, 2017
Chief Dave Schmidt
Fire Fleet Manager Pierre Soulier
City of Elgin Fire Department
550 Summit Street
Elgin, IL 60120
Chief Schmidt,
The following is a pricing summary as it relates to the current Fire Apparatus Proposal.
This proposal price is based upon tagging onto the Engine 5 purchase (May 2015) and
being able to capitalize on previous engineering and design efforts.
Engine 5 Purchase Price (May 2015)
2015 4.0 % Manufacturing Price Increase
2016 4.0 % Manufacturing Price Increase
Elgin Fire Department requested add -ons (not
charged to Elgin Fire Department) at Final Inspection,
Vanner Invertor and Breaker Panel, and Plymovent
exhaust system modification
Elgin Fire Department requested Light Tower
mechanically operated light tower with four (4) LED
12 -volt light heads
Total 2017 Price
$ 439,875.00
$ 457,470.00
$ 475,768.00
$ 6,741.00
$ 22,876.00
$ 505,385.00
If this purchase was beginning from an original conceptual design, the Proposal
Purchase Price would be $ 528,261.00.
If you have any further questions, please feel free to contact me. Thanks in advance for
your consideration.
Greg Yfansen
Greg Hansen
Sales Representative
Fire Service, Inc.
ATTACHMENT B
STATEMENT OF WARRANTY
1 -YEAR STANDARD
E -ONE (the "Cornpany'� warrants each new item of fire and rescue apparatus manufactured by it against defects in
material and workmanship provided the apparatus is used in a normal and reasonable manner. This warranty is extended
only to the original user - purchaser for a period of one year from the date of delivery to the original user - purchaser.
E - OEM's obligation under this warranty is strictly limited to replacing or repairing, as the Company may elect, any part
or parts of such apparatus which the Company's examination discloses to be defective in material or workmanship.
The Company reserves the right to require any such repairs to be made either at a Company owned service facility or
another approved service facility at the Company's option. Transportation cost to and from the servicing location is the
responsibility of the user - purchaser.
The E -ONE warranty shall not apply to:
L Major components or trade accessories such as purchased chassis, engines, transmissions, tires, pumps, signaling
devices, or batteries that have a separate warranty by the original manufacturer or to ancillary equipment used in
fire fighting.
1 Normal adjustments and maintenance services.
3. Replacement of consumable parts including, but not limited to: filters, lubricants, belts, light bulbs, wiper blades,
brake linings and brake pads.
4. Failure resulting from the apparatus being operated in a manner or for a purpose not recommended by E -ONE.
5. Any apparatus, which shall have been repaired, modified or altered in any way so as, in the Company's sole
judgment, to have adversely affected the unit's stability or reliability.
6. Items subjected to misuse, negligence, accident or improper maintenance.
7. Loss of time or use of the vehicle, inconvenience or other incidental expenses.
Nothing contained in this warranty shall make E -ONE liable beyond the express limitations hereof, for loss, injury or
damage of any kind to any person or entity resulting from any defect or failure in this vehicle.
To the extent permitted by law, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
To the extent permitted by law, this warranty is also in lieu of all other obligations or liabilities on the part of E -ONE or
the Seller, including liability for incidental and consequential damages.
E -ONE makes no representation that the vehicle has the capacity to perform any functions other than as contained in the
Company's written literature, catalogs or specifications accompanying delivery of the vehicle.
No person or affiliated Company representative is authorized to give any other warranties or to assume any other liability
on behalf of E -ONE in connection with sale, service or repair of any apparatus manufactured by the Company.
E -ONE reserves the right to make design changes or improvements in its products without imposing any obligation upon
itself to change or improve previously manufactured products.
Whenever a performance bond is required under a contract or purchase order, coverage under the performance bond shall
only extend for one year from the delivery date of the equipment. This limitation under the performance bond shall not
affect any extended warranties offered by E -ONE or any OEM's.
1 of 2
Legal Remedies: Any claim or controversy arising out of or relating to this limited warranty, or beach thereof,
shall be settled by arbitration administered by the American Arbitration Association in Milwaukee, Wisconsin in
accordance with the Commercial Arbitration Rules of the American Arbitration Association. The laws of the State
of Wisconsin shall be applied in any arbitration proceedings, without regard to principles of conflict of law. Each
party shall bear its own costs, fees and expenses of arbitration. The arbitrator(s) determination and the basis for that
determination shall be in writing and shall include an explanation of the basis for the determination. The
determination of the arbitrator(s) shall be final and binding and judgment upon such determination may be entered
in any court having jurisdiction. The arbitration proceedings and arbitration award shall be maintained by the
parties as strictly confidential, except as otherwise required by court order or as is necessary to confirm, vacate, or
enforce the award and for disclosure in confidence to the parties' respective attorneys, tax advisors, or senior
management personnel. Furthermore, any action for breach of warranty must be commenced within three months
following the expiration of the warranty period.
REV 105/2312016 Pace 2 of 2
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LZ UNGtt 9100 0069 h: ONL PUBS NO hI- 8000204
STATEMENT OF WARRANTY
E-ONE, INC.
FOR PUMPERS, SINGLE AXLE TANKERS, SINGLE AXLE RESCUE PRODUCTS
WITH ALUMINUM BODY AND ROLL UP DOORS
PAINT /CORROSION LIMITED WARRANTY
LIMITED WARRANTY BODY
Subject to the limitations and exclusions set forth below, and provided the vehicle shall have been placed in service
within sixty (60) days after delivery to the original purchaser (the "Buyer ") as established by our original invoice,
for a period of ten (10) years after delivery to the original purchaser, E -ONE, Inc. warrants to the Buyer that its
aluminum body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective
manufacturing methods or paint material selection for exterior surfaces of body of the vehicle. This limited
warranty shall apply only if the vehicle is properly maintained in accordance with E -ONE'S maintenance
instructions and manuals, and is used in service which is normal to the particular vehicle model. Normal service
means service which does not subject the vehicle to stresses or impacts greater than normally resulting from the
careful use of the vehicle. If the Buyer discovers a defect or nonconformity it trust notify E -ONE Warranty
department in writing within thirty (30) days after the date of discovery. THIS LIMITED WARRANTY MAY
NOT BE ASSIGNED TO OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER
OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.
This limited warranty applies only to the body exterior paint. Paint on the vehicle's undercarriage and body interior
is warranted only under the E-ONE Basic One -Year Limited Warranty.
The vehicle must be inspected by an authorized E -ONE representative on a three, five and seven -year basis and
submitted to the E -ONE warranty department on a inspection form that details the condition of the painted body. It
is the Customers sole responsibility to arrange for the unit to be inspected by an authorized E -ONE representative.
If the vehicle's inspection report is not submitted to the E -ONE Warranty department within 45 days after the
required inspection date the units paint warranty will revert to the prorated warranty schedule.
E -ONE makes no warranty whatsoever as to any integral parts, components, attachments or trade accessories not
manufactured by E -ONE, but instead, the applicable warranties, if any, of the respective manufacturers thereof shall
apply.
WIIAT IS NOT COVERED
• Any fire apparatus body not manufactured by E -ONE.
• Darnage caused by fire, misuse, negligence or accident.
• Damage caused by theft, vandalism, riot or explosion.
• Damage caused by any natural occurrence including but not limited to, lightning, earthquake,
windstorm, hail, and flood,
y j • Any repairs, modifications, alterations or aftermarket parts added after manufacture without the
fr authorization of E -ONE.
• Damage from improper repair, lack of maintenance and cleaning.
• Any damage caused from exposure to any road de -icing compounds and or chemicals or use in an
j acidic environment.
• Gold leaf or striping installed by E -ONE except that which is affected by a warranty defect repair.
• Loss of time, loss of use of the product, inconvenience, lodging, food or other consequential or
incidental loss that may result from a failure.
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• Transportation cost to and from servicing center shall be the responsibility of the user - purchaser
REV A 05 -29 -2014
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L7- ON1_-fl 9100-0067 E- ONE PUBS NO. FI- &000193
STATEMENT OF WARRANTY
E -ONE, INC.
ALUMINUM CAB
PAINTICORROSION LIMITED WARRANTY
LIMITED WARRANTY CAB
Subject to the limitations and exclusions set forth below, and provided the vehicle shall have been placed in service
within sixty (60) days after delivery to the original purchaser (the "Buyer ") as established by our original invoice,
for a period of ten (10) years after delivery to the original purchaser, E-ONE, Inc. warrants to the Buyer that its cab
shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing
methods or paint material selection for exterior surfaces of the cab of the vehicle. The limited warranty shall apply
only if the vehicle is properly maintained in accordance with E -One's maintenance instructions and manuals, and is
used in service which is normal to the particular vehicle model. Normal service means service which does not
subject the vehicle to stresses or impacts greater than normally resulting from the careful use of the vehicle, If the
Customer discovers a defect or nonconformity they must notify the E -ONE warranty department in writing within
thirty (30) days after the date of discovery. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED TO OR
OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO
ANY OTHER PERSON OR ENTITY.
This limited warranty applies only to cab exterior paint. Paint on the vehicle's undercarriage and cab interior is
warranted only under the E -ONE'S Basic One -Year Limited Warranty.
The vehicle must be inspected by an authorized E -ONE representative on a three, five and seven -year basis and
submitted to the E -ONE. Warranty department on a inspection form that details the condition of the painted cab. It
is the Customers sole responsibility to arrange for the unit to be inspected by an authorized E -ONE representative.
If the vehicle's inspection report is not submitted to the E-ONE Warranty department within 45 days after the
required inspection date the units paint warranty will revert to the prorated warranty schedule.
E -ONE makes no warranty whatsoever as to integral parts, components, attachments or trade accessories not
manufactured by E -ONE, but instead, the applicable warranties, if any, of the respective manufacturers thereof shall
apply.
WHAT IS NOT COVERED
! • Any fire apparatus cab not manufactured by E -ONE. h
• Damage caused by fire, misuse, negligence or accident.
i
• Damage caused by theft, vandalism, riot or explosion.
• Damage caused by any natural occurrence including but not limited to, lightning, earthquake,
1 windstorm, hail, and flood.
F, • Any repairs, modifications, alterations or aftermarket parts added after manufacture without the
authorization of E -ONE.
• Damage from improper repair, lack of maintenance and cleaning.
t
• Any damage caused from exposure to any road de -icing compounds and or chemicals or use in an j
acidic environment.
• Gold leaf or striping installed by E -ONE except that which is affected by a warranty defect repair.
S; • Loss of time, loss of use of the product, inconvenience, lodging, food or other consequential or
i incidental loss that may result from a failure. I.
• Transportation cost to and from servicing center shall be the responsibility of the user - purchaser.
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REV A 05- 292014 E
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F2 -ONE'H 9100 -0005 E -ONE PUBS 52351 E SPEC ONE# 95 -761
STATEMENT OF WARRANTY
STAINLESS STEEL PLUMBING COMPONENTS
10 -YEAR WARRANTY POLICY
E -ONE (the "Company ") warrants all E -ONE manufactured stainless steel plumbing components used in the
construction of E -ONE fire apparatus water /foam plumbing systems against defects and workmanship provided the
apparatus is used in a normal and reasonable manner. This warranty is extended to the original -user purchaser for a
period of ten years from the date of delivery to the original user - purchaser, whichever occurs first.
The Company reserves the right to require any such repairs to be made either at a Company owned service facility
or another approved service facility at the Company's option. Transportation cost to and from the servicing location
is the responsibility of the user - purchaser.
GONE will repair or replace the specific E -ONE manufactured stainless steel plumbing component, at our option,
with a new E -ONE manufactured stainless steel plumbing component. GONE will cover all customary and
reasonable costs to remove and install the E -ONE manufactured stainless steel plumbing component. This warranty
will not cover components that have been misused or abused, or due to accident or natural disaster. E -ONE will not
cover any unauthorized third party repairs or alterations. Any of these actions may void the warranty.
Nothing contained in this warranty shall make E -ONE liable beyond the express limitations hereof, for loss, injury
or damage of any kind to any person or entity resulting from any defect or failure in the E -ONE manufactured
stainless steel plumbing components.
To the extent permitted by law, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
To the extent permitted by law, this warranty is also in lieu of all other obligations or liabilities on the part of
E -ONE or the Seller, including liability for incidental and consequential damages.
E -ONE makes no representation that the E -ONE manufactured stainless steel plumbing components have the
capacity to perform any functions other than as contained in the Company's written literature, catalogs or
specifications accompanying delivery of the apparatus,
No person or affiliated Company representative is authorized to give any other warranties or to assume any other
liability on behalf of E -ONE in connection with sale, service or repair of any apparatus manufactured by the
Company.
E -ONE reserves the right to make design changes or improvements in its products without imposing any obligation
upon itself to change or improve previously manufactured products.
Legal Remedies:: Any claim or controversy arising out of or relating to this limited warranty, or beach thereof,
shall be settled by arbitration administered by the American Arbitration Association in Milwaukee, Wisconsin in
accordance with the Commercial Arbitration Rules of the American Arbitration Association. The laws of the State
of Wisconsin shall be applied in any arbitration proceedings, without regard to principles of conflict of law. Each
party shall bear its own costs, fees and expenses of arbitration. The arbitrator(s) determination and the basis for that
determination shall be in writing and shall include an explanation of the basis for the determination. The
determination of the arbitrator(s) shall be final and binding and judgment upon such determination may be entered
in any court having jurisdiction. The arbitration proceedings and arbitration award shall be maintained by the
parties as strictly confidential, except as otherwise required by court order or as is necessary to confirm, vacate, or
enforce the award and for disclosure in confidence to the parties' respective attorneys, tax advisors, or senior
management personnel. Furthermore, any action for breach of warranty must be commenced within three months
following the expiration of the warranty period.
REV E
Page 1 of 1
NOTE: Surery bond,!fre9mred nppJ,.o,dvm£ {),NL1r Neric One Year Llmfred Warraary. and nor to Ws or anyoiher nkndedvarr it made by E -ONEor anv of f -0Nlissuppher,
EZ -ONE# 9100-000.1 GANG PUBS 51481E SPEC OND 95 -750
STATEMENT OF WARRANTY
STRUCTURAL WARRANTY
10- YEAR/100,000 MILES
The STATEMENT OF WARRANTY ensures the original user - purchaser that any E -ONE manufactured cab and /or
body is, and will remain free of structural defects, provided they are used in a normal and reasonable manner. The
cab and body are defined as modular structures, fabricated with aluminum extrusion and plate. Excluded is all
hardware, mechanical items, electrical items or paint finishes. Structural componentry is defined as the cab /body
supports and mountings as identified in E -ONE's specifications.
The STATEMENT OF WARRANTY is strictly limited to the repairing or replacing, as E -ONE (the "Company ")
may elect, any part of parts of such apparatus which the Company's examination discloses to be defective in
material or workmanship.
The STATEMENT OF WARRANTY shall extend for a period of 10 years /100,000 miles from the delivery date to
the original user - purchaser. The Company reserves the right to require any such repairs to be made either at a
Company owned service facility or another approved service facility at the Company's option. Transportation cost
to and from the servicing location is the responsibility of the user - purchaser.
The STATEMENT OF WARRANTY shall not cover the following:
1. Damage caused by fire, misuse, negligence or accident.
2. Damaged caused by theft, vandalism, riot or explosion.
3. Damage caused by lightning, earthquake, windstorm, hail, water or flood.
4. Any cab and/or body which shall have been repaired, modified or altered without the Company's
authorization.
5. Damage caused from exposure to road de -icing compounds or use in an acidic environment.
6. Damage from lack of maintenance or cleaning.
7. Loss of time, loss of use of the product, inconvenience, lodging, food or other consequential loss that may
result from a failure.
Nothing contained in the STATEMENT OF WARRANTY shall make E -ONE liable beyond the express
limitations hereof, for loss, injury or damage of any kind to any person or entity resulting from any defect or failure
in the cab and/or body.
E -ONE reserves the right to make design changes or improvements in its products without imposing any obligation
upon itself to change or improve previously manufactured products.
Legal Remedies: Any claim or controversy arising out of or relating to this limited warranty, or beach thereof,
shall be settled by arbitration administered by the American Arbitration Association in Milwaukee. Wisconsin in
accordance with the Commercial Arbitration Rules of the American Arbitration Association. The laws of the State
of Wisconsin shall be applied in any arbitration proceedings, without regard to principles of conflict of law. Each
party shall bear its own costs, fees and expenses of arbitration. The arbitrator(s) determination and the basis for that
determination shall be in writing and shall include an explanation of the basis for the determination. The
determination of the arbitrator(s) shall be final and binding and judgment upon such determination may be entered
in any court having jurisdiction. The arbitration proceedings and arbitration award shall be maintained by the
parties as strictly confidential, except as otherwise required by court order or as is necessary to confirm, vacate, or
enforce the award and for disclosure in confidence to the parties' respective attorneys, tax advisors, or senior
management personnel. Furthermore, any action for breach of warranty must be commenced within three months
following the expiration of the warranty period.
REV E0523/2016
Page 1 of 1
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STATEMENT OF WARRANTY
10 -YEAR LIMITED PAINT AND PERFORATION
E -ONE (the "Company ") warrants each new fire and rescue apparatus during the warranty period, when used in
normal and reasonable manner. All apparatus shall be warranted against peeling, cracking, blistering and corrosion.
This warranty shall provide for repair or replacement at E -ONE'S option, any claim in accordance with the
following terms and conditions.
WHAT IS COVERED
• WARRANTY APPLIES - This warranty is for all new fire and rescue apparatus manufactured by
E -ONE and is extended only to the original user - purchaser. The warranty registration must be received
by E -ONE within 30 days of the in- service for the warranty to apply.
• REPAIRS COVERED —The warranty covers repair or replacement at E -ONE'S option. Repairs shall
be made at an E -ONE owned service facility or another approved service facility at E -ONE's option.
• OBTAINING REPAIRS —The original user- purchaser must notify E -ONE, in writing within 30 days
after any claimed defect has appeared. Transportation costs to and from the servicing center shall be the
responsibility of the user - purchaser.
• WARRANTY PERIOD —The warranty period shall begin upon delivery of the apparatus to the
original user - purchaser. The warranty period shall be for TEN YEARS. Corrosion perforation is
defined as complete penetration through the exterior metal of the apparatus. The following
percentages apply:
Topcoat & Appearance
Gloss, Color Retention, Cracking
Coatine System, Adhesion & Corrosion
Includes Dissimilar Metal Corrosion,
Flaking, Blistering, Bubbling
0 to 72 months 100%
0 to 36 months 100%
73 w 120 months 50%
37 to 84 months 50%
85 to 120 months 25%
NOTES:
-Under carriage, cab and body interiors are covered under our standard one year warranty.
- Demonstration vehicles sold to an end user will have the fidl warranty, ifsold within one year of demonstration
service, and will be prorated ifsold after the first year.
WHAT IS NOT COVERED
• Any cab not manufactured by E -ONE.
• Damage caused by fire, misuse, negligence or accident.
• Damage caused by theft, vandalism, riot or explosion.
• Damage caused by lightning, earthquake, windstorm, hail, flood or use in an acidic environment (such
as de -icing compounds, road salts and acid rain).
• Any repairs, modifications, alterations or aftermarket pans added after manufacture without the
authorization of E -ONE.
• Damage from lack of, maintenance and cleaning (proper cleaning and maintenance procedures are
detailed in the E -ONE maintenance manual).
• Gold leaf or striping except that which is affected by repair (Gold Leaf or striping must have been
installed during manufacturing to be covered under this limited warranty).
• Loss of time, loss of use of the product, inconvenience, lodging, food or other consequential or
incidental loss that may result from a failure.
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Leeal Remedies: Any claim or controversy arising out of or relating to this limited warranty, or beach thereof.
shall be settled by arbitration administered by the American Arbitration Association in Milwaukee, Wisconsin in
accordance with the Commercial Arbitration Rules of the American Arbitration Association. The laws of the State
of Wisconsin shall be applied in any arbitration proceedings, without regard to principles of conflict of law. Each
party shall bear its own costs, fees and expenses of arbitration. The arbitrator(s) determination and the basis for that
determination shall be in writing and shall include an explanation of the basis for the determination. The
determination of the arbitrator(s) shall be final and binding and judgment upon such determination may be entered
in any court having jurisdiction. The arbitration proceedings and arbitration award shall be maintained by the
parties as strictly confidential, except as otherwise required by court order or as is necessary to confirm, vacate, or
enforce the award and for disclosure in confidence to the parties' respective attorneys, tax advisors, or senior
management personnel. Furthermore, any action for breach of warranty must be commenced within three months
following the expiration of the warranty period.
REV F 052312016 Page 2 of 2
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E -ONE PUBS EI- 8000175D
STATEMENT OF WARRANTY
LIFETIME FRAME & FRAME CROSS MEMBERS
E -ONE (the "Company ") warrants to die original user - purchaser only of an E -ONE chassis that the frame and
frame cross members are free of defects in material and workmanship, ordinary wear and tear excepted, for the
lifetime of the vehicle.
E -ONE'S obligation under this warranty is strictly limited to replacing or repairing, as the Company may elect, any
part or parts of such frame or frame cross members which the Company's examination discloses to be defective in
material or workmanship. This company reserves the right to require any such repairs to be made either at a
Company owned service facility or another approved service facility at the Company's option. Transportation cost
to and from the servicing location is the responsibility of the user - purchaser.
This warranty shall be null and void if the frame and /or frame cross members shows any evidence of alterations,
cutting, splicing, welding or drilling of rails or flanges without the written authorization of E -ONE. Further, this
warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, neglect, or evidence of being
operated in a manner or purpose not recommended by E -ONE.
Nothing contained in this warranty shall make E -ONE liable beyond the express limitations hereof, for loss, injury
or damage of any kind to any person or entity resulting from any defect or failure of the chassis.
To the extent permitted by law, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
To the extent permitted by law, this warranty is also in lieu of all other obligations or liabilities on the part of
E -ONE or the Seller, including liability for incidental and consequential damages.
E -ONE makes no representation that any E -ONE chassis has the capacity to perform any functions other than as
contained in the Company's written literature, catalogs or specifications accompanying delivery of the vehicle.
No person or affiliated Company representative is authorized to give any other warranties or to assume any other
liability on behalf of E -ONE in connection with sale, service or repair of any apparatus manufactured by the
Company.
E -ONE reserves the right to make design changes or improvements in its products without imposing any obligation
upon itself to change or improve previously manufactured products.
WHAT IS NOT COVERED
• Any item that is bolted to the frame rail. Including the item attachment hardware (bolts, nuts, etc.).
• Any damage caused by fire, misuse, negligence or accident.
• Any damage caused by theft. vandalism, riot or explosion.
• Any damage caused by lightning, earthquake, windstorm, hail, flood, or use in an acidic environment.
• Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization
of E -ONE.
• Any damage from lack of maintenance and /or cleaning.
• Paint, except that which is affected by an E -One approved warrantable repair.
• Loss of time, loss of use of the product, inconvenience, lodging, food or other consequential or incidental loss
that may result from a failure.
• This warranty shall be null and void if the frame rail shows any evidence of alterations, cutting, splicing,
welding or drilling of rails or flanges without the written authorization of E -ONE. Further, this warranty shall
be void if the vehicle is involved in an accident, shows signs of abuse, neglect, or evidence of being operated in
a manner not recommended by E -ONE.
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Legal Remedies: Any claim or controversy arising out of or relating to this limited warranty, or beach thereof,
shall be settled by arbitration administered by the American Arbitration Association in Milwaukee, Wisconsin in
accordance with the Commercial Arbitration Rules of the American Arbitration Association. The laws of the State
of Wisconsin shall be applied in any arbitration proceedings, without regard to principles of conflict of law. Each
party shall bear its own costs, fees and expenses of arbitration. The arbitrator(s) determination and the basis for that
determination shall be in writing and shall include an explanation of the basis for the determination. The
determination of the arbitrator(s) shall be final and binding and judgment upon such determination may be entered
in any court having jurisdiction. The arbitration proceedings and arbitration award shall be maintained by the
parties as strictly confidential, except as otherwise required by court order or as is necessary to confirm, vacate, or
enforce the award and for disclosure in confidence to the parties' respective attorneys, tax advisors, or senior
management personnel. Furthermore, any action for breach of warranty must be commenced within three months
following the expiration of the warranty period.
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