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HomeMy WebLinkAboutSexson Mechanical Company, LLC/STREET/$16,382/Garage Maintenance for IDC and Civic Square ASA2/18/2025 Preventative Maintenance Agreement For: Carmel Street Department st3400131Street Carmel, IN 46074 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: ththJanuary16, 2025, through January 15, 2026 The agreement price is $5,556.00 for one year, to be paid $1,389.00 perquarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer’s use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 1 This annual agreement shall continue in effect for one year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Sexson Mechanical Company Customer XX ClintRempeAuthorizedRepresentative ServiceAccountManager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced at preferred rates. These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 2 Schedule of Maintained Equipment Carmel Street Quarterly (4x): 1) Air Handler MUA 5) Electric reheats 4) Force heater 1) Return fan 1) Condensing unit Annually (1x) 10) Exhaust fans Tube heaters Allmaintenancewillbe performedaccordingto themanufacturer’s recommendations. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 3 Terms and Conditions General 1. Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2. The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer’s guidelines of operation 3. The customer will provide reasonable access to allareas and equipment. 4. All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5. Emergency repairs outside ofnormal working hours will be billed atovertime rates. 6. The customer will notify Sexson Mechanical Company ofany defect in the system promptly when it becomes known to them. 7. If any emergency call is made at the customer’s request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8. In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited tothe recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9. Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. 10. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 4 11. Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12. Repair, replacement, and emergency service provisions apply only to the systems and equipment covered bythis agreement. Repair orreplacement ofnon-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included inthis agreement. 13. If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1. Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’scustomers for such damages. 3. No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company byword or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 5 4. Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 6 Preventative Maintenance Agreement For: Rangeline Office 861 N Rangeline Rd Carmel, IN 46032 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: ththMarch17, 2025, through March 17, 2026 The agreement price is $2,556.00 for one year, to be paid $639.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer’s use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 1 This annual agreement shall continue in effect for one year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Sexson Mechanical Company Customer XX ClintRempeAuthorizedRepresentative ServiceAccountManager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced at preferred rates. These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 2 Schedule for Maintained Equipment Rangeline Office Quarterly (4x) 2) Air Handler 2) Condensing unit 1) Mini split system 1) unit heater Allmaintenancewillbe performedaccordingto themanufacturer’s recommendations. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 3 Terms and Conditions General 1. Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2. The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer’s guidelines of operation 3. The customer will provide reasonable access to allareas and equipment. 4. All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5. Emergency repairs outside ofnormal working hours will be billed atovertime rates. 6. The customer will notify Sexson Mechanical Company ofany defect in the system promptly when it becomes known to them. 7. If any emergency call is made at the customer’s request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8. In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited tothe recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9. Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 4 10. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date toreflect prevailing labor and material costs. 11. Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12. Repair, replacement, and emergency service provisions apply only to the systems and equipment covered bythis agreement. Repair orreplacement ofnon-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included inthis agreement. 13. If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1. Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’scustomers for such damages. 3. No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company byword or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 5 4. Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 6 Preventative Maintenance Agreement For: Indiana Design Center 200 S Range line RD. Carmel, IN 46032 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: thth20, 2025, through January 20, 2026 The agreement price is $2,770.00 for one year, to be paid $1,385.00 bi-annually. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer’s use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 1 This annual agreement shall continue in effect for one year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Sexson Mechanical Company Customer XX ClintRempeAuthorizedRepresentative ServiceAccountManager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately at preferred rates. These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 2 Schedule of Maintained Equipment Indiana Design Center Snow Melt System Bi-annually (2x) 2) Glycol Pumps 2) Condensing Boilers 1) Glycol Fill System Allmaintenancewillbe performedaccordingto themanufacturer’s recommendations. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 3 Terms and Conditions General 1. Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2. The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer’s guidelines of operation 3. The customer will provide reasonable access to allareas and equipment. 4. All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5. Emergency repairs outside ofnormal working hours will be billed atovertime rates. 6. The customer will notify Sexson Mechanical Company ofany defect in the system promptly when it becomes known to them. 7. If any emergency call is made at the customer’s request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8. In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited tothe recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9. Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. 10. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 4 11. Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12. Repair, replacement, and emergency service provisions apply only to the systems and equipment covered bythis agreement. Repair orreplacement ofnon-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included inthis agreement. 13. If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1. Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’scustomers for such damages. 3. No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company byword or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 5 4. Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 6 Preventative Maintenance Agreement For: Civic Square Garage 936 Veterans Way Carmel, IN 46032 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: ththJanuary20, 2025, through January 20, 2026 The agreement price is $5,500.00 for one year, to be paid $1,375.00 perquarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer’s use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 1 This annual agreement shall continue in effect for one year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Sexson Mechanical Company Customer XX ClintRempeAuthorizedRepresentative ServiceAccountManager Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced at preferred rates. These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 2 Schedule of Maintained Equipment Civic Square Garage Bi-annual (2x) 7) Air Handler MUA 5) Exhaust fans 7) Condensing unit Annually (1x) 10) Water heater 4) unit heaters Allmaintenancewillbe performedaccordingto themanufacturer’s recommendations. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 3 Terms and Conditions General 1. Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2. The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer’s guidelines of operation 3. The customer will provide reasonable access to allareas and equipment. 4. All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5. Emergency repairs outside ofnormal working hours will be billed atovertime rates. 6. The customer will notify Sexson Mechanical Company ofany defect in the system promptly when it becomes known to them. 7. If any emergency call is made at the customer’s request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8. In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited tothe recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9. Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 4 10. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date toreflect prevailing labor and material costs. 11. Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12. Repair, replacement, and emergency service provisions apply only to the systems and equipment covered bythis agreement. Repair orreplacement ofnon-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included inthis agreement. 13. If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1. Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’scustomers for such damages. 3. No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company byword or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 5 4. Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. SexsonMechanicalCompany, LLC 1001 CommerceParkway SouthDrive, Suite AGreenwood, IN46143Office: 317884-0010Fax: 317884-0040 Page | 6