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2.6 ERMUSR 12-12-2017 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Mark Fuchs—Electric Superintendent MEETING DATE: AGENDA ITEM NUMBER: December 12, 2017 2.6 SUBJECT: LS Cable & System U.S.A. Extended Product Warranty ACTION REQUESTED: Receive and file the Energy Cable Extended Product Warranty. DISCUSSION: The company which was awarded the low bid for ERMU's 2017 cable purchase delivered product to ERMU which had issues. The company worked with ERMU staff to address all issues and has made resolution to all issues. The company has also agreed to provide an extended warranty on their product at no additional cost to ERMU. FINANCIAL IMPACT: None ATTACHMENTS: • LS Cable & System U.S.A., Inc. Extended Product Warranty—Certificate#10417-01 • LS Cable Energy Cable Extended Warranty Terms and Conditions Page 1 of 1 LS Ca ble&System Energy Cable Extended Product Warranty LS Cable & System U.S.A., Inc. 30 Years Certificate # 102417-01 This document certifies that Elk River Municipal Utilities 13069 Orono Parkway, Elk River, MN 55330-0430 Has properly registered for project Work Order 17-52 Co. Rd 72, south of 201 th Ave to 2500 feet north Elk River, MN 55330-0430 Products covered under this certificate Product Series E9JPT-A66F01 CA01 Cable ID 1703529101 E9JPT-A66F01 CA01 Cable ID 1703529801 E9JPT-A66F01CA01 Cable ID 1703531501 LS Cable & System U.S.A, Inc. certifies the cable in accordance with our Energy Cable Extended Product Warranty. The project is hereby granted all rights to it, as outlined in the LS Cable Energy Extended Warranty Terms and Conditions. Date: I(- c -t Daniel Choi President and CEO Maga/ Tim West Executive Director, Product Engineering/Quality Art Gonzalez Executive Director, Salesi ►i LS Cable&System U.S.A., Inc. 6120 Powers Ferry Rd,suite 150,Atlanta,GA 30339 Rev.09-17 LS Cable&System U.S.A.,Inc. Energy Cables Extended Warranty Terms and Conditions WARRANTY The Energy Extended Warranty is offered by LS Cable & System U.S.A., Inc. ("LS Cable") and provides that the eligible energy cable (the "Products") manufactured by LS Cable and sold to the Buyer will conform substantially to LS Cable's specifications identified in the applicable Product Data Sheets("Specifications")for a period of thirty(30)years from the date of shipment(the "Extended Warranty"). LS Cable agrees to repair or provide replacement cable for the defective length of the cable during the thirty (30) year Warranty, in addition to cover labor cost based on the following: In the first 20 years, LS Cable will replace the cable in question, in addition to up to 200%of the original cable price for the length replaced,or up to three thousand dollars ($3000),whichever is greater. After 20 years, LS Cable will only replace the cable in question. If there is a proven defect in the compound insulation system,the consideration stated in the first 20 years will also apply. WARRANTY EXCLUSIONS The Extended Warranty does not cover: 1. Any Product that was not properly stored and handled, that was repaired or altered or was otherwise subject to abuse, neglect or improper use, or that has any stage of processing performed on it which caused the non- conformity; 2. Any Product that was not installed in accordance with industry standard practices or in accordance with the limitations specified by Superior; 3. Defects resulting from noncompliant or improper use, repair, or alterations, or any misuse, neglect, accident or abuse;or 4. Damage caused by persons, machinery, foreign objects, animals, chemicals, acts of God, or by other means that are beyond normal use. QUALIFICATION To qualify for the Extended Warranty, LS Cable must have issued to the Buyer a registered Extended Warranty certificate which specifies the Products covered under the Extended Warranty. All Extended Warranty application forms must be sent to seller within 10 days of installation completion using one of the following below: 1. Extended Warranty LS Cable 6120 Powers Ferry Road,Suite 150 Atlanta, GA 30339-2923 2. E-mail: EnergyWarranties@SPSX.com 3. Fax:877-291-7917 CLAIMS,EXCLUSIVE REMEDIES AND DISCLAIMERS The validity of any warranty claim shall be determined by LS Cable in its sole discretion.A claim will be reviewed for validity only if all of the following are satisfied: 1. Written notice of the non-conformity must be given by Buyer to LS Cable within thirty (30) years of the issue of the warranty certificate and within ten(10)days of date of nonconformity discovery;and 2. LS Cable has full and open access to inspect and evaluate the Products and installation site. Rev.09-17 If a warranty claim is determined by LS Cable in its sole discretion to be valid, as Buyer's sole and exclusive remedy, LS Cable will replace the non-compliant components of the Product. The remedies of the Buyer for non-compliant Products shall be strictly limited to those provided herein to the exclusion of any and all other remedies including, without limitation, claims for incidental, special, indirect or consequential damages. EXCEPT WITH RESPECT TO THE SPECIFIC WARRANTY SET FORTH HEREIN, SUPERIOR MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INSTALLATION OR PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. �Fi