RES 2022-0995 - PO to WesTech for technical support for west trickling filter at Papillion Creek WRRF City Clerk Office Use Only:
V '15 Publication Date (if a pble):
RESOLUTION NO.2 )DJ/ J2(.2Z2Agenda Date:
Department:
Submitter: brisiNt
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Papillion Creek Water Resource Recovery Facility of the Public Works
Department is in need of on-site technical support for the west trickling filter; and,
WHEREAS, due to the specialized nature of this type of service, it is recommended that the
bidding procedures be waived in accordance with Section 5.16 of the Home Rule Charter of 1956
for the purchase of unique or non-competitive items; and,
WHEREAS, the cost of this purchase, as delineated on the attached quote, which by this
reference become a part hereof, is $27,000.00, will be paid from the Sewer Revenue Fund 21121,
Papio Creek Water Resource Recovery Facility Organization 116611, year 2022 funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, the Purchasing Agent be authorized to issue a
Purchase Order to WesTech for the on-site technical support for the west trickling filter, in
accordance with Section 5.16 of the Home Rule Charter of 1956, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the cost of this purchase from the Sewer
Revenue Fund 21121, Papio Creek Water Resource Recovery Facility Organization 116611, year
2022 funding.
1170cvr APPROVED AS TO FORM
JI
\��ITY ATTORNEY DATE
OCT 1 2..I " (j __-
Adopted: D
Attest:
City CIe
Approved: ___J _
Mayor
Douglas County Purchasing Department
Unique Item/Sole Source Justification
Email the completed sole source packet to: PUR_sole_source@douglascounty-ne.gov
Department: Public Works
Vendor: WesTech Vendor KMILNER@WESTECH-
email: INC.COM
Estimated annual $27,000 City of Omaha expenditures $20,000.00 or more
expenditure: require a resolution,which should be obtained
following Purchasing approval.
Product/Services Technician field service for install of trickling filter rotating
requested: assembly
Will federal grant monies be used to fund this spend? Yes x No
Place an "X" next to all entries that apply to the proposed sole source product or
service. More than one entry may apply.
1 The listed vendor is the original manufacturer. There are no regional distributors.
• (ATTACH: The manufacturer's written certification that no regional distributors exist).
*NOTE: Item No. 3 must also be completed.
2 The parts/equipment are not interchangeable with similar parts/equipment of another
manufacturer. (ATTACH:Memo explaining justification)
3 x This is the only known (a) parts/equipment that will meet the need of the Department
or
(b) service that will perform the intended functional need of the Department.
(ATTACH: Memo detailing the specialized function or application.)
4 The parts/equipment are required from this source to permit standardization.
• (ATTACH: Memo describing the basis for standardization request.)
5 This is the only known vendor that can supply this product.
• (ATTACH: Memo explaining why no other vendor is acceptable)
6 None of the above apply.
• (ATTACH: Memo with detailed justification for the unique item/sole source request)
The sole source packet should be one (1) PDF document that includes:
(1) Completed and signed form, (2) department memo and (3)vendor quote/pricing.
The undersigned requests that the competitive procurement process be waived and that the
vendor identified as the supplier of the service or goods, be authorized as a unique source (sole
source) for the service or goods.
7 iz -Z .—
Department Head/Elected Official Date
For_Puchasing t opartmenf Qnly'
Er i c J. Carlson Digitally signed by Eric J. Carlson
Approved by: Date: 2022.09.13 09:44:29 -05'00'
Revised 04.05.2022 Neb.Rev.Stat.§23-3109(1)
Inter-Office Communication
To: Douglas County Purchasing
From: David Sykora WWTP Manager
Date: September 12,2022
Subject: Sole Source technician on installation of trickling filter drive
The Papillion WRRF is requesting the sole source purchase from WesTech,as part of the west trickling
filter emergency repair.WesTech is the only option as they provide the only technical service for
the center mast and barrel of the west trickling filter.The reason for sole source acquisition is due to the
emergency nature of the west trickling filter repairs to regain full secondary treatment capabilities to meet
National Pollutant Discharge Elimination System permit compliance.
The sole source purchase of this equipment will retain standardization of the automation equipment in the
system.The vendor WesTech has supplied a quote for$27,000.
Please approve the purchase of this onsite technical assistance. Funds for this contract should come from
the Sewer Revenue Improvement fund Papillion Creek Treatment Plant Operations budget that will be
identified in the requisition. If you have any questions,please contact me at 402 444-3922.
Page 1of5
WESTECH QUOTATION
::W. M P.O.BOX 65068 Phone:801-265-1000 Quotation No.
E5 + H SALT LAKE CITY,UTAH 84165-0068 Fax:801-265-1080 Q41160-142532
Thank you for the opportunity to quote you with your equipment needs.
Please review the taming and contact us to place an order or ask any question.
Date: 9/8/2022 Proj Manager, KRISTINA MILNER Ship Via: NOT APPLICABLE
*PO No.: 41160-142532 Prime Job No: 22814A Freight: NO FREIGHT REQUIRED
auoted by: KRISTINA MILNER Prime Name: PAPILUON CREEK WWTP
'hone: 801-290-1512 or 801-290-1201 Equipment HydroCoc"'Rotary Dlatrlbuhrs Lead Time: 2-4 WEEKS
:mail: KMILNER:i,W ESTECH-INC.COM Tax Exemption No.: NE-SALES TAX EXEMPTION Quote Vaiid: 15deys
ON FILE
'or Group: 15 Payment Terms: NET 30 DAYS
Bill CITY OF OMAHA FINANCE Ship CITY OF OMAHA FINANCE
To: JON HARGER'(VESSCO) To: DISBURSEMENTS ROOM#1007
DISBURSEMENTS ROOM#1007 1819 FARNAM STREET
OMA030 1819 FARNAM STREET 8083 OMAHA,NE 68183
OMAHA,NE 68183 UNITED STATES OF AMERICA
UNITED STATES OF AMERICA
Tet/Cell: 515-233-8599/6124305-6383 Tel/Cell: -402-444-5248/402-444-5220
JHARGERQVESSCO_COM
DOG i No: ParliDwgNumber J j Description ON I Uses j Unit Price I NetRice
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2193 FLIGHT.SURCHARGE:
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(1)YOUR PURCHASE ORDER MUST BE RECEIVED AT
WESTECH AT LEAST 7-14 CALENDAR DAYS PRIOR TO THE
2193 FIRST DAY ON SITE.IF NOT,ADDITIONAL FEES MAY BE
APPLIED.
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(3)ONE(1)ON-SITE SHIFT IS BASED ON UP TO 8 HOURS PER
2193 DAY:OVERTIME RATE IS$225.00 PER HOUR.
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:..:+YF(5)ADDITIONAL DAILY RATE IS$1,700.00 PER DAY.ADDITIONAL
2193 DAILY RATE INCLUDES LABOR AND LIVING EXPENSES.
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No sales,GST,PST,use,or other taxes have been Quoted in US Dollars Grand Total $27,000.00
included in our pricing. No discounts accepted.
'lease see the attached General Terms and Conditions and Warranty Information.
MI purchase orders for Aftei-market parts need to he in US dollars.
ninlmrun Order amount ls US$100.
'doing is firm through quota vaad date.
MI Information provided with and including this proposal is considered proprietary and le not for dfattibution without express written consent of
NesTech Engineering LLC.
•
Page 2of5
}slivery subject to shop workload at the time of order placement
VesTech prefers that payments under$3,000 are processed by Credit Card.Any orders over$10,000 can not be accepted by Credit Card and will be Invoiced at
:rms. This is to include freight and taxee.A processing tee of up to 4 percent on Credit Cards maybe added whereallowed bylaw.
This Quotation Is subject to all specifications above as well as all attachments Included with this document.
Thank you again for your quote request!
Best Regards,
QF-O0.005 Printed By KMILMER Printed 91E1202210:17 AM 2/24fee
Page 3 of 5
•
General Terms of Sales
Quotation No: Q41160-142532
Terms and ConEh:ions appearing In any order based en this proposal which are Inconsistent Responsibility far proper operation of equipment,lfnotinstatted by Was'recls Engineering,
herewith shalt not he binding on WesTech Engineering,LLC.The sale and purchase of LLC or Installed in accordance with WesTech Engineering,LLC's Instructions,and inspected
equipment described herein ehallbe governed exclusively by the fureguingprupusal and dete and accepted in writing by WesTechfngineering.LLC,rests entirely with Purchaser;and any
following provisions: work performed by WesTech Engineering,LLC personnel In making adjustment or changes
must be paid for at WeeTecb Engineering,LLC's theitcmrentperdtens ramsplusliving and
1.SPECIFICATIONS:WesTech Engineering,LLCis hirnishingits standard equipment as traveling expenses.
outlined in the proposal and as will be covered by final approved drawings The equipment
may notboinotrtctcompllsnca with the Erg neens/Owner'splaes,specifications,or WesTech Engineering,LLC MU supply the safety devices described in this proposal or shaver
addenda as there may be deviations.The equipment will,however,meet the general In WesTeeh Huguenin LLC's drawings famished as part of this order but'weep tins tees e,
Intention of the mecbanlcalspe cllleations of these documents. WeOTeeh Engineering,LLC shalinet be required to supply or install any safety devices
wh ether required by law or otherwfsa.The Purchaser hereby agrees to indemsdfy and hold
2.ITEMS INCLUDED:Tins proposal'includes only the equipment specified herein end dads harmless WesTech Engineering LLC from any clalmser losses orising due to alleged or actual
nor include erection,Installation,accessories,nor associated materials such as conerolt insufficiency or1nattequacy of the safety devices offered orsappEed hereunder,whether
piping,etc,unless specifically listed. specified by WesTEdt Engineering,LLC orPurchaser,and framayy damage resulting from
the use of the equipment supplied hereunder.
e,5AR'lTFS1D COattHHACI"WesTech Engineering LLC isnat a party to or bound by the terms
ofany contract between WesTech Engineering,LLCs elittnhter and anyetherperry, 10,ACCEPTANCE OP PRODUCTS:Products will be deemed accepted without any claim by
WesTech Engineering,LLCsundertaldags are limited to those defined In We contract. Purchaser unless written notice of non-acceptance Is received by WesTech Engineering,LLC
between WesTech Engineering LLC and its direct customers, within 30 days of delivery if shipped P.O.&point afshipment,vr4B hours afdelivery if
shipped P.O.B,point of destination,Suchwrhten notice shall not be considered received by
4.PRICE AND DEIIVERYI All Selling Nivea quoted are aublact to change without notice after WesTech Engieeesietg,LLC unless it is accompanied by all fretgM1,l0s for sold shipment,with
30 dnys from the date of fills propmal unless specified nth envineihtless otherwise dated Purchaser'snatatlansastodamages,shortagesandconditionsofequipment.conudners,and
prices are ft0.B,Wefreeh fingineerlag,LLC or es supplier's shipping points.All claims for wale Non-acceptad pro ducts are subject to the return policy stated below.
damage,defayor shortage eredtig bum sack equlpmentsbdl be made by Purchaser directly
againet the carrier.When eli Ipm anti are quoted F.O.B.job site or other designation, 11.TAXES:Any federal,state,educe]sales use or ether taxes appllcabletu this transarsion,
Purchaser shell Mgiect the eguipmeat shipped,nodfyIng WeaTtieh Engineering LLC uf any {unless sp�icallyincluded In the prtceshallbe for Purrhaser's act ount
damage or shortage withhifarty-etghthauncofreceipt and failure htsemidry WesTech
Engineering,L LC shall constitute acceptance by Purchaser,relieving WesTeeh Engineering, 12.TITLE:The equipment specified herein,anti any replacements or substitutes therefore
LLC of any liability for shipping damages or shortages shall,regard less uf the manner in which affixed to or used fn cettmectiun withreaky,rmnaln
the sole and personal property of WesTech Engineering,LLC until the full purcheseprice has
1 PAYMENTS:Al I Invokes are net 30 days.Define uncles are subject-to a LS percent service been paid.Purchaser agrees to dotal things neaessarytoprotectand maintain Wes-reels
charge per month or them Beim um permitted by Lew,whichever lslem moll pest due. Engineering LLC'stitie and intereerin and to such equipment;and upon Purchaser's default,
accounts.Pro rate paynwnd are due asshlpmenteare made lfshipmente are delayed by the Waarech Engineering,LLC may retain as liquidated damages any and all partial payments
Purchaser,invoices shell besent on the date when WesTech Engineering,LLClsprepared to made and shall be free to enter the premiseswheresueds equipment Is located and remove
make shipment and payment shall become due under atanderd involving terms lf the work the same asps propertywlthnut prejudicete any Nrther claims on account of damages or
to be performed hereunder is delayed by the Purchaser,payettentsshall be based on the loss winch WesTech Engineering,LLC may suffer from anycense.
purcbeee price and percentage of completion.Products held for the Purchaser shall beat the
riskand expense of the Purchaser.Unless specifically stated ethemise,prices quoted are for 13.INSURANCE:Pram date of shipment until the invoice le paid In full,Purchaser agrees to
equipment only.These terms are independenntof and not eelengencupon the time and provide andmailminatttsexpense,butforWesTechEngineeringLLC'sbenefit,adequate
manner in which the Purchaserrecedveapayment limn the owner. insurance including,but not limited to,builders risk insurance on the equipment against any
loss of any secure whatsoever.
0.PAYMENT TERMS:Credit is subject to acceptance by WesTech Engineering,Lies Credit
Danentnene lithe financial condition of the Purchaser at any time issue's as togiveWesTech se.SHIPMENTS:Any shipment of delivery dates melted represent WesTech Engineering,
. Engleeering LLC,in itsjudgment,doubt coneerning the Pureitaaer's ability to pay,WesTech LLC's beat estimate but no liability,direct or Indirect,fsnsutned by WesTech Engineering,
Engineering,LLC may require full or partial payment In advance or may suspend any further LLC for fallureto ship or deliver on such dates
deliveries or rantinnance of the workto beperfotmed by the WesTech Engineering,LLC
until such payment has peen received WesTech Engineering,LLC shall have the right to make partial shipments;and invoices
covering the sane shall be due and payable by Purchaser in accordance with the payment
7.ESCAtATIONI Ifbetweenths proposal date endacruel procurement and through no fault tams thereof If Purchaserdefcultsiis ntnypaymentwhen due hereunder,WesTech
of the Seller,the relevant cost abater.material,freight,tariffs,and other Seller costs Engineering,LLC may,withont incurring any liability therefore to Purchager or Pumhaser's
combinedrelatingtothecontractincreasebygreaterthan24%oftheoverallcontract costumers,declareallpaymentsimmediatelydueandpayablewithmaximumlegalinterest
price,then theeuestmc2 price shall be subject to eswlatien end browsed.Such ln:easeshail thereon from due date of said payment,nadetits option.stop ell further work and shipments be verified by documentation and theamormt of contractprice Oscillation shall be calculated until all past due pnyments have been merle,and/ur mean;thatany further deliveries be
as either the actual facreased cost to the Seiler ot.i I agreed by the Parties,the equivalent paid for prior toshipineset
increase ofa relevant industry recognized third-party Index and in both taxes without any
additional profit or margin being added. If Purchaser requests pomp onameum of shipments,the purchase price shall be due and
peyable upon notice from WesTech Engineering,LLC that the equipmentlss ready for
6.APPROVAL,If approval of equipment submittals by Purchaser or others is required,a shipment;and thereafter tiny stomper ether charge Wtustech Engineering LLC incurs can
conditionprecedenttoWeoTechE.ngineedng.LLCsipplyingnnyequipmentshellbesuch account of the equipment shall hefbrtlse Purchaser's aecobnt.
complete approval.
If delivery Is spedfted at a point other than WesTech och Engineering.LLC eritssupplier's
-S.iNSTALIATIONSUPERVISION:Prices quoted far equipntentde not Include installation shipping points,end delivery ispustponedor prevented by steam accident,embargo,orother
supervision.WesTech Engineering,LLC recommends and will,upon request make atrallable, Gluse beyond We9TechEnglneerlog,LLC's reasonable control and occurring atalocatien
atWecTech Engineering LLes then current ram,an experienced installation supervisor to ocher than WesTeeh Engineering LLC or its supplier's shipping points,WesTech Engineering
act as th e Purchaser's employee end agent to SU peralse Installation of the equipment LLCassumesnoliabilityindeliverydelay.IfPurchaserrefusessuchdelivery,WesTede
Purchaser shall at ite sole expense&shish all necessary labor equipment,and materials Engineering,LLC may store the equipment
needed fe lnrislladoa
QF 00'03EK Printed by,KMILNER Pdnied:90202210:17 AM 03/10/2022
Page 4 of 5
it Purchoser's expense.For purposes of this agreement stick tender I.1 f delivery or storage continuance of such conditions,or any other eausebeyunt suchparty'sreasonablecentral.
dsell constltnte delivery. Eacalatioa resulting from a Porte LfaJeute event shall be equitably adjusted per the esceletlon
policy stated above.
.3,WARRANTY:WesTech Engineering LLC warrants equipment'It supplies only In
naardance with the attached Wearech Warranty.This warranty is expressly given by 2.0.RETURN OP PROOU0.S1 No products may be returned to WesTech Engineering,LLC
NasTerlr and accepted by purchaserinleu of all other warranties whether written,oral, without WesTech Engineering LLC's prior written permission.Said permission may be
impress,(replied,statutory or otherwise,Includi ng without limitation,iv-outsides of withheld by WesTech Englneering LLC at Its sole discretion.
nerchantabllity and fitness for parttcutar purpose.WesTerh neither accepts nor authorizes
my other person to asnunle for It any other liabilIty with respeottoltnouipmoitI.WesToch 21.OACIICIIARGI8:Weal'ech Engineering,LLCenlll not approve or accept backchergeafor
:ball not be Liable for normal wear and tear,corrosion,or any eontingent,fncidental,or labor,materials,or other costs incunedhy Purchaser or others%modification,adjustment,
:onsequerudal damage or expense due to partial or complete Inoperability°fits equipment service,or repair ofWesTecltfirigtn eating,LLC furnished materials unless such back charge
or any reason whatsoever.The purdmser'sexclutiveend only remedy forbreach(Stith has been authorized In advance to writing by aWesTech Enghteertng,LLC purchase order,or
varranty shall he the repair and urfeplacement of the defective part or pot,withina work requisition signed by WesTech Engineering,LLC
easonable time of WesTech'a accepting the validity of a warranty claim toads by the
nuchaser. 21,INDEMNIFICATION:Purchaseragrees to indemnify WesTech Enema ring,LLC(rain all
costs Incurred,including but not limited to court costs and reasonable attorney fees,from
.6.PAYOUTS:Well'ech Engineering,LLC agrees that!twill,at bs own expense,defend all enforcing any provisions of this contract including but not limited to breach of contractor
:vim or proceedings insti rated against Purchaser andpay any award of damages assessed tests Incurred in coitectiagtnonmes owed en this macrare.
,gainst It in such suits or proceedings,as far astheseme are based on any claim Diet the ooid
equipment(rany part thereofcenetitutes an Infringement of any appmatus patent of the 23.eNTIRE AGREEMENT:This proposal expresso the entire agreement between Meparties
Mited States issued at the data of this Agreement provided WesTech Engineering,LLC Is hereto superseding any prior understandings,and le nut subjecttc modification except by
liven prompt-entice in writing of the lnsdluten or threatened institution ufanyatdter writing signed by an authorized officer of each party.
imceeding and is given full control of tie defense,setleMent or compromise ofanysuch
idiom and Purchoaeragrees w give WesTech Engineering,LLC needed information, 24.MOTORS AND MOTtltl DRIVES:In order toavuld shipment delaysofWesTach
uslstante,and authority hi enable WesTech Engineering,LLC SO tO do.In the eventSald Engineering,LLC equipment,motors and drives may be sent directly to the Job site for
equipment is held or conceded to infringe such Rpatent,WesTech Engineering.LLC shall Installation by the equipment installer.Minorfit-up may bu required.
save the rightatitssole option and expense to a)modify the equipment to be non-infringing
r)obtain for Piuchaser the license to conitnua using said equipment.orc)acceperemrnof 25.EATENOEO STORAEE:Extended sternge inetructionewlll be pet oflerennaton provided
he equipmentand refund to the Purchaser the perChase price thereof lease reasonable to shipment,tfequlpmentlnstallatlonand start-up is delayed mofe'than90 days,the
barge fur the me thereof.WesTech Engineerinpe LLC wlllreimburse purchaser fur actual provisions of the storage lnstmctlonsmustbe followed to keep IVARRANTYinforce.
set-of pocltet expenses,crabwise of legal fees,Incurred in preparing such Information and
anderingsuchassistanceatWesTechEngineerinyLLC'srequestTheibregaingstatesthe 26.LIABILITY:Professional htsibilhty lneiur'once,including but notEisdted to,errors end
unite nobility of WesTech Engineering LLC,with respect to patent infringement and exept omissions insurance,Is not included.In any event,liability for errors and omissions shell he
is ethereal Se ogreed toin writing.WesTech Engineering,LLC assumes n0 responsibility for limited to the lesser of 5100,000 USD or the value of the particular piece of equipment(not
rrocena potent infringement thevalue of the entire order)supplied by WesTech Engineering.LLCagainat which a claim is
sought.
.7.SURFACE PREPARATIONANI PAiNTINO:If furnished.shop primer paint is intended to
:ewe only as minimal protective finish.WesTech Sughteming,LLC will not be responsible xi.AnairgATION NEG011 MATO:Any controversy or claim arisingaut of or relating to the
or the condition of primed or finish painted surfaces after equipment leaves its shops. performance of any contract resulting from t1d,pr'opuaI or rorart'ectieaoed,orkite breech
iurehasersareinvitedtoInspectpaintinshopsforproperpreparationandapplicationprior thereof,shall be settled.by arbitration inaccmtance with the CanstnrcdonIndustry
o shipment WesTech Englneering,LLCassumes no responsibility for field surface Arbitration Rules of the American Arbitration Association,and judgment uponthe award
generation or touch-up of shipping damage to paint.Paimutiosgof uluotanaro end other tootle- rendered by the arbitrator(s)maybe entered es any court havingjurisdtcUun.
ip to petnded surfaces will be by Purchaser's painting contractor after mechanism
nstallatlori
ACCEPTED DY PURCIfASER
Astor a,gear motors,and other cangtonents not manufactured by WesTech Engineering LLC '
vill be painted with that manufacturer's standard paint system.it Is WesTech Engineering. Custonsra'Nsmc
LC's Intention to ship major steel compo nents as soon as fabricated,often before drive,
motors,and other nivmlactured component-Unless Purchaser can ensure that shop primed Crutomer Address:
:feel shall he field painted within thirty COO]days after arrival at the Joh site,WeuT'ech
ingineering;LLC encourages the Purchaser to order these components without primer.
NesTeeh Engineering,LLC's prices are based me paints andsurface preparations R6 vutiined
n the male body of this proposal.In the event that an alternate paint system Is selected,
Nee'1'ech Engineering,LLC requests char Purchaser's order advise of the paint selection contact Name:
NosTech Engineering,LLC.veil then eitlseradjust the price es may be necessary to comply or
:alp the material unpainted if compituneeixnotpeusible due to applicatim prublema er Centex Pima
,evlrormnentei controls.
• Casna.tlmail:
.R.CANCELLATION,SUSPENSION,OR DELAY:After acceptanceby WeiTech Engineering,LLC,
his proposal.or Parchnser's order based an this proposal,shall be a firm agreement and is Sighatiiir' _
hot subject to cancellation,suspension,or delay exceptupan paymentby Purchaser of
ippropriate charges which shall include all casts Incurred by WesTech engineering LLC to PrintedMame:
late of cancellation,suspension,or delay plus a emendate profit Additionally,ail charges
elated to storage and/or resumption ofwork,at WesTech Engineering,LLC's plant or Title:
elsewhere,shall be forPurchaser s sole accounts and all risks mddentelto storage shall be
assumed by Purchaser. Date•
.9.FORCE MAJEURE:Neither party hereto shall be I]ableto the retorter default or delay in •
tervery caused byextreme weatherer other etc of God,strike or other labor shortage or
lsturbance,fire.accident,war or civil disturbance,act of government,pandemic,delay of
arriers,failure of normal sources of supply,complete or partial shutdown of plant by reason
if inability to attain mdfidentraw materials orpower.and/orother similar contingency
Beyond the reasonable control of the respective parries.The time for delivery specified
herein shall be extended during the
QF-0ll-038K Printed by KMLNER Printed:91812022 10:17 AM 03/10/2022
Page 5 of 5
One Year Warranty
WesTech is meeting a global need for clean water through technology treatment solutions.We are proud that the equipment end systems
we design,build,maintain,and operate are making the world a better place and creating a more sustainable environment for future
generations.
Equipment manufactured or sold by WesTech Engineering,LLC,once paid for in full,is backed by the following warranty:
Subject to the terms below,WesTech warrants all new equipment manufactured or sold by WesTech Engineering,LLC to be •
unencumbered and free from defects in material and workmanship,and WesTech will replace or repair,F.O.B.its factories or other
location it chooses,any part or parts returned to WesTech which WesTech's examination and analysis determine have failed within the
warranty period because of defects in material and workmanship,The warrantyperiod Is either,one calendar year immediately
following start-up,or eighteen(18)months from when WesTech sent its ready-to-ship notification to the purchaser,whichever
expires sooner.All repair or replacement parts qualifying under this warranty shall be free of charge.Purchaser will provide timely
written notice to WesTech of any defects it believes should be repaired or replaced under this warranty.WesTech will reject as •
untimely any warranty defect claim that purchaser submits more than thirty(30)days after the possible warranty defect-first
occurred Unless specifically stated otherwise,this warranty does not cover normal wear or consumables. This warranty is not
transferable.
This warranty shall be void and shall not apply where the equipment or any part thereof
(a) has been dismantled,modified,repaired or connected to other equipment,outside of a WesTech factory,or without
WesTech's written approval,or
(h) has not been installed in complete adherence to all WesTech's or parts manufacturer's requirements,recommendations,and
procedures,or
(c) has been subject to misuse,abuse,neglect,or accident,or has not at all times been operated and maintained in strict
compliance with all of WesTech's requirements and recommendations therefor,including,but not limited to,the relevant
WesTech Operations&Maintenance Manual and any other of WesTech's specified guidelines&procedures,or
(d) has been subject to force inajeure events;use of chemicals not approved in writing by WesTech;electrical surges;
overloading;significant power,water or feed supply fluctuations;or non-compliance with agreed feedwater or chemical
volumes,specifications or procedures.
In any case where a part or component of equipment under this warranty is or may be faulty and the cotnponentor part is also covered
under the warranty of a third party then the purchaser shall provide reasonable assistance to first pursue a claim under the third party
warranty before making a claim under this warranty from WesTech.WesTech Engineering,LLC gives no warranty with respect to parts,
accessories,or components purchased other than through WesTech.The warranties which apply to such items are those offered by the
respective manufacturers.
This warranty is expressly given by WesTech and accepted bypurchaser in lieu of all other warranties whether written,oral,
express,implied,statutory or otherwise,including without limitation,warranties of merchantability and fitness for particular
purpose.WesTech neither accepts nor authorizes any other person to assume fur It any other liability with respect to its
equipment WesTech shall not be liable for normal wear and tear,corrosion,or any contingent,incidental,or consequential
damage or expense due to partial or complete Inoperability(Kits equipment for any reason whatsoever.The purchaser's
exclusive and only remedy for breach of this warranty shall be the repair and or replacement of the defective part or parts within
a reasonable time of WesTech's accepting the validity ofa warranty claim made by the purchaser.
0E-00.0321 Printed By KMLNER Printed:9/8Q022 10d7 AM 03/10/2022