Board of Selectmen - Minutes - 06/01/2021

MINUTES
BOARD OF SELECTMEN
Regular Meeting
June 1, 2021
5:00 P.M.
TOWN HALL (APPLEBY ROOM)
Members Present: First Selectman Robert Brule and Selectwoman :#lizabeth
Sabilia, and Selectwoman Jody Nazarchyk. "
(Procedural Action: Check register to be signed by Board of Selectmen in
accordance with CGS 7-83)
1. Call to Order & Roll Call- First Selectman Brule called the meeting to
order at 5:00 pm.
2. Pledge of Allegiance
3. Public Comment:
4. Disposition of Town Property (Ordinance, Chapter 2.112.020):
4a. Disposition of (72) SCBA cylinders: To consider an act on a
recommendation from Rawle Dummett, Purchasing Agent, on behalf of the Acting
Fire Services Director, Jeff Lathrop, for disposal of 72 SCBA cylinders, there are
no asset numbers associated with SCBA cylinders.
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
5. Public Works: To Consider an act of the following request for the balance of
funds from the Eugene O’Neil Roof Project, account 20511-57859 ($25,767.64), to
be transferred to a new CIP, Eugene O’Neil Mansion Roof Repair and
Replacement, from Public Works Director, Gary Schneider.
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
Discussion: clarification for Fiscal Year 2022/2023

6. Police Department: To Consider an act of the following request for an In
Series Transfer from the Police Chief, Brett Mahoney.
POUCE DEPARTMENT
DEPARTMENT
APPROVED CURRENT Butiget Budget REVISED
Budget Available Transfer Transfer Available
Ling No, Org. Gode Object Coda Object Description Amount Budget INCREASE “DECREASE: Budget
4 i012 53080 FUELS & LUBRICANTS. S$ 414.4at bs $6,644 (22.200.G03] $ 34,844
2 40429 53150 BULDING MAINTENANCE § 42.614 1§ {8,083} 22,000.00 $ 43,917
3 3
4 $ -
5 5 -
8 $
$ & 5
19 8
TOTAL — 22,009.00 (22,080,009)
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
7. Police Department: To Consider an act of the following request for an In Series
Transfer from the Police Chief, Brett Mahoney.
APPROVED = CURRENT Budget Budget REVISED
Budget Avaifabia Transtor Transfe: Avalabie
LineNo. Org. Cade Object Code Object Description Amount Budget“ INCREASE fDECREA: Budyet
i 40128 $1830__ [TRAINING & EDUCGZATION $ 113.967 |S 49.444 143,400.03] ¢ S74
2 19128 51820 _ [REPLACEMENT OVERTIME $__980.508|$ (43,73| 43,400.00 S___ 28,669
3 1o12g 51830 __ [TRAINING & EOUCZATION $__tiss67 [$s S741 {1,600,008 $ 4344
4 40128 $1421 |MARINE PATROL § 2376/8 2.687 1,500.00 5 $287,
8 $ -
8 $ -
9 $ ~
40 $ -
TOTAL 45,000.00 (45,000.00)
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0

8. Information Technology: To Consider an act of the following request for an
Out of Series Transfer from the Police Chief, Brett Mahoney.
INFORMATION TECHNOLOGY
DEPARTMENT
APPROVED = CURRENT «= ACCOUNT ACCOUNT ss REVIGED
Budget Available INCREASE: (UDEGREASE:" — Avaltahle
Line No. Org. Code Object Code Object Description Amount Badgot Busgot
4 10147 $2043|SERVICE CONTRACTS 723,708.20. FUA2A72 154,000.00)) 23,425,722
10147 S41 30/COMPUTER EQUIPMENT 52,268.00 78,38 84,050.00 $4,075,35
0.00
0.09
8.00
0.09
0.00
0.09
9.00
a9 9.00
0.00
6.00.
a fos jn [or fox ja fe iw
JOTAL 44,600,00 $54,000.00}
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
>
9. Emergency Management: To Consider an act of the following request for an
Out of Series Transfer from the Emergency Management Director, Steve
Sinagra.
Emergeny Management
DEPARTMENT
APPROVED CURRENT ACCOUNT AGCOUNT = REWISED
Budget Budget INCREASE “i DECREASE: = Budget
Line No. Org. Gade Object Core Object Description Amount Amount Amiount
i 20122; S205d|Ques, Cont. & Education 22,084.00 15,686.00 (8,346.71) 14,389.29
10122 54120} Disp. Center Equipment 1.00 160 $348.71 83477)
0.20
8.00
0.00
2.00
8.00
9.60
0.00
40 0.00
0.00
0,00
> [oo fst for jor fa fer fas
TOTAS 8345.72 (8,346.73)
Thatn saat
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0

10. Fire Department: To Consider an act of the following request for the
following Out of Series Transfers from the Acting Fire Services Director,
Jeff Lathrop.
FIRE.
DEPARTMENT
APPROVED CURRENT ACCOUNT ACCOUNT REVISED
Budget Available | INCREASE. /8 Avaliabio
Line No, Org. Coda Objact Code. Object Description Amount Budget Budget
1 10123 $2080__ |DUES, CONFERENCES & EDUC 48,675,00 | 28,832.33 (11,050.00) 1,782.33
2 20123 54060 [OFFICE EQUIPMENT 3,000.00 2,791.50 (600.00) 2A9L.O
a 10123 34218 FIREFIGHTING EQUIPMENT 30,000.00 8230.76 (6.00.60) 2,230.76
4 0123 52099 _ [HEATING Ott, 45,430.00 (2.55) 50.00 37.45
& 30123 $3070 |AUTO REPAIRS 88,000.00] (15,404.28) 17,600.00 2,195.72
G 0,00
t 0,00
8 0.00
9 0.00
10 0.09
0.08
0.99
FOTAL 17,650.00 (17,650.00)
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
11. Fire Department: To Consider an act of the following request for the
following In of Series Transfers from the Acting Director of Fire Services,
Jeff Lathrop.

FIRE
DEPARTMENT
APPROVED CURRENT Budget Budget REVISED
Budgoat Avaltable Transfer Transfer, Available
Line No. Org.Code Object Code Object Deseription Amount. Budgat INCREASE DECREASE: Budget
1 10123 $2040 SERVICE CONTRACTS & REPAIR | § 18,136 | $ 4,824 § {2,000} § 2.824
2 10423 52377 BREATHING APPARATUS § 8.780 | $ (1,268)) $ 2,000 $ 732
3 40123 $2050 _ |DUES, CONFERENCES EDUC |$ 4887613 18,832 $___{4,000)| $44,832
4 10423 52370 CLOTHING 3 UNIFORM ALLOW [| $ 48,500 | $ 5,869 & (2,200)! § 3.689
§ 10123 $2378 BUILDING MAINTENANCE § 80,000 | $ {4,490} $ 8,200 $ 1,740
49323 §3080_ |FUEL & LUBRICANTS $28,800 1 $ 7,020 $ (2,800)! § 4,520
10423 §3410 COMPUER SUPPLIES 3 2,509 | $ 852 $ (5451 § t
40423 $3020 OTHER SUPPLIES $ 17,000 | $ (2.773), $ 3,951 $ $78
8 10123 S202} CONSUMABLE SUPPLIES $ 7500 | $ 2.810 $ £1,000} $ 1,610
40 19123 $2050 FUEL & LUBRICANTS § 26,600 | $ 7,020 $ (2,000) $ 8,020
it 10423. 83442 FIREFIGHTING SUPPLIES $ 10,008 | $ {2.097}| $ 3,000 g 903
412 40723 $2010 OFFICE SUPPLIES $ 2,000 | $ 1.484 $ (1,000) $ Bt
43 49123 52021 CONSUMABLE SUPPLIES: $ 7,500 | $ 2.810 $ {4,000)| $ 4,810
ig 10323 s35u4 PROTECTIVE CLOTHING $ 78,080 1 $ UL775y § 2,000 $ 228
45 10123 86060 OFFICE EQUIPMENT $ 3,000 1 $ 2,792 8 (1,500) $ 1,292
16 10123 84220 RADIO/EMERGENCY LIGHTS § 9.000 1 $ 49303} § 4,500 $ 570
TOTAL $ 48,059 $ (48.051)
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
12. Library: To Consider an act of the following request for an In
Series Transfer from the Library Director, Chris Johnson.
Libra
DEPARTMENT
APPROVED CURRENT Budgot Budget REVISED
Budget Budget Transfer Transfor -Bildget
Line No. Org. Code Object Code Object Description Amount Amount INCREASE DECREASE? — Amount
4 10736 61140 Agminisiration S$ 122,435 | $ 10.619 2,832 $ 43.454
2 19136 51210: Clerical and Technical §__ 687,308 |$ 124.868 {2.832)) $ 122.036
3 § “
4 $ -
EJ 
$ *
& s .
9 § :
40 $ :
TOTAL 2,832.60 {2,832.00}

MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
13. Assessor: To Consider an act of the following request for an Out of
Series Transfer from the Assessor, Paige Walton.
ASSESSOR
DEPARTMENT
APPROVED CURRENT ACCOUNT AGCOURT . REVISED
Budget Avatlable INCREASE. “2 DECREASE.) Avaliable
Ling No. Org, Code Object Code Object Bescriptlon Amount. Budgot Budget
1 10104 52020 POSTAGE . 1,204.00 145.133 100,06 54.87
10104 $1100 ADMINISTRATION 396,788.00 33,363.02 0.00 £200.06} 23,263.02
9.00
9.09
0.00
9.00
0.00
4.09
8.00
0.00
O00
8.00
is ite lat ide for jm feo fro
a
3
- oo. TOTAL 408.09 {100.00}
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
12. Retirement Commission: To Consider an act of the following request for an
In Series Transfer from the Finance Director, Kim Allen.
Retirement Commission
DEPARTMENT
APPROVED CURRENT Budgot Budget REVISED
Budget Available Transfer Available
Line No. Org. Code Objoct Code Object Description Amount Budgot INCREASE | Budget
4 10116 61349 OPES Trust Fund Contribution $1,100,006 | $ (1.967) 1,987 $ z
2 40146 51930 Heart and Hyperiension. $181,100 | $ 34.570 {1.96751 $ 32.604
a $ 5
4 5 .
5 s :
8 § -
9 $ -
40 $
. TOTAL 4,667 (1,887)
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0

14. Finance Department: To Consider an act of the following request for an Out
of Series Transfer from the Finance Director, Kim Allen.
FIN@NCE
DEPARTMENT
APPROVED CURRENT — ACCOUNT = ACCOUNT — REVISED
Budget Avaitable INCREASE cM DECREASE:? = Avallahie
Une No, Org. Coda Object Coda Object Description Amount Budgat Budgot
4 40107 $2080. Dues, Conferencss: 4,240,00 2,345.00 470.08) 2.278,03
2 30107 84010 Panis 9.09 9,00 28.09 70,00
3 0.90
4 0.00
& 2.00
6 0,60
z 6,00
EJ 
0.00
a 6.00
10 0.00
0.00
0.60
TOTAL 70.00 (78.00}
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
15. Appointments and Resignations:
15a. To consider an act on the recommendation to appoint Joseph DiBuono (R) to
the Planning and Zoning Commission, Alternate position to fill the term
6/30/20-6/29/23, (Currently on the P&Z Commission)
Mr. Joseph DiBuono
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
15b. To consider an act on the recommendation to appoint Kenneth Petrini (R) to
the Planning and Zoning Commission position to fill the term 11/15/17-11/14/22.
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
16. Correspondence:

17. New Business
18. ADDITIONS TO THE AGENDA
MOTION by Sabilia, and seconded by Nazarchyk to accept the Bid Waiver for
Connection Fiber lines, submitted by Purchasing Agent Rawle Dummett, on behalf
of the Emergency Management Director, Steve Sinagra in the amount of $47,000
be moved to the Board of Selectmen Agenda to be approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
MOTION by Sabilia, and seconded by Nazarchyk to accept the Bid Waiver for
Eaton Single Phase Battery-Supply, Install and Removal, submitted by Purchasing
Agent Rawle Dummett, on behalf of the Emergency Management Director, Steve
Sinagra in the amount of $36,898.00 be moved to the Board of Selectmen Agenda
to be approve the request as stated, VOTING IN FAVOR: unanimous VOTE:3-0
19. Consent Agenda:
19a. Tax Refund-NA
19b. Meeting Minutes April 6, 2021
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
19¢. Meeting Minutes April 20, 2021
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
19d. Meeting Minutes May 4, 2021
MOTION by Nazarchyk, and seconded by Sabilia to approve the request as stated,
VOTING IN FAVOR: unanimous VOTE:3-0
20. Adjournment: There being no further business to come before the Board,
and upon a motion made by Ms. Nazarchyk and seconded by Ms. Sabilia, the
Meeting of the Board of Selectmen was adjourned at 5:41 pm.
Respectfully Submitted,
Cindy Dupointe


FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
May 26, 2020
Mr. Robert J. Brule
First Selectman
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
Re: Bid Waiver -- Connection of Fiber Lines
Mr. Brule:
The Purchasing Agent, on behalf of the Emergency Management Department,
respectfully seeks a Bid Waiver for the connection of two fiber lines by Crown Castle
Fibet, in the amount of $47,900.00. These lines are being used to install security
cameras at Millstone, and are intended to work in conjunction cameras at Cross Roads
and Waterford Parkway North.
This Request is in accordance with The Purchasing Ordinance Section 3.08.050.
own of Waterford

Waterford Office of
Emergency Management
204 BOSTON POST ROAD # WATERFORD, CT « 08385 » (B80) 442-0585 » FAX:(B60) 443-5327
May 25, 2021,
Dear First Selectman Brule,
The Emergency Management Department seeks a bid waiver for the connection of two fiber fines by
Crown Castle from Millstone Road to the Public Safety Complex. Crown Castfe has done work for the
Town of Waterford in the past. These lines will be used to install cameras for viewing the entrance and
access area of Dominion/Millstone at its intersection with Route 156, This is to work In conjunction with
camera locations at Cross Roads and Waterford Parkway North. These areas are part of the Waterford
evacuation plan in the event of a Millstone emergency. Live monitoring of these camera locations
during emergencies will be also provided to the State of Connecticut, DEMHS, Region 4 and the State of
Connecticut Emergency Operations Center,
Funding for this project has been authorized by the State of Connecticut under the 2021 Nuclear Safety
Emergency Program (NSEP) allocation T-2021-85 in the amount of $47,900, The grant authorizes the
Town of Waterford to have Crown Castle install the fiber at a cost of $47,900. This grant was accepted
by the Town of Waterford. This is a 100% reimbursement grant that does not require any matching
funds from the Town of Waterford.
Please contact me should you have any questions,
Very respectfully,
Steven Sinagra
Emergency Management Director
Ce: Kim Allen, Director of Finance

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FIFTEEN ROPE FERRY ROAD WATERFORD, CT 06385-2886
May 26, 2020
Mr. Robert J. Brule
First Selectman
Town af Waterford
15 Rope Perry Road
Waterford, CT 06385
Re: Bid Waiver - Eaton Single Phase Battery - Supply, Install and Removal
Mr, Brule:
the Emergency Management Department,
the purchase of Sixty-five (65) batteries from
LC. inthe amount of $36,898.00.
5 3,08.050.
The Purchasing Agent, on behalf of
respectfully seeks 4 Bid Waiver for
Genoa Power, Cooling and Management, L
This Request is in accordance with The Purchasing Ordinance Section
am State of Connecticut Nuclear Safety Emergency Program

Waterford Office of
Emergency Management
204 BOSTON POST ROAD © WATERFORD, CT « 06385 * (B60) 442-9585 FAX (860) 443-5327
May 25, 2021,
Dear First Selectman Brule,
The Emergency Management Department seeks a bid waiver for the purchase and installation of sixty
batteries in the Uninterruptible Power Supplies (UPS) at the five remote radio sites of the town’s public
safety radio system by Genoa Power, Cooling and Management, LLC. Six of these batteries have failed
and the rernaining fifty-four batteries are at the end of their life-cycle.
Funding for this project has been authorized by the State of Connecticut under the 2021 Nuclear Safety
Emergency Program (NSEP) pool funding for allocation T-2021-104 In the amount of $36,898, The grant
authorizes the Town of Waterford to have Genoa Power, Cooling and Management, LLC install the
replacement batteries and remove and dispose of the old batteries at a cost of $36,898. This grant was
accepted by the Town of Waterford. This is a 100% reimbursement grant that does not require any
matching funds from the Town of Waterford,
This pool funding was recently made available and awarded. All work must be completed and
paperwork must be filed by July 31, 2021. Genoa Power, Cooling and Management, LLC has advised that
that they can complete the work in that timeframe if they receive a purchase order as soon as possible
to reserve the battertes for this project.
Please contact me should you have any questions.
Very respectfully,
Steven Sinagra
Emergency Management Director
Cc: Kim Allen, Director of Finance

Fgenod E:T-N
& MANAGEMENT Powering Businass Worldwide
Quote: Q04052021348 REV 2 date refresh
Date Proposed: May 17, 2021
Project Name: Town of Waterford Battery Replacement proposal 9170 serial number EBO32T0032
£B14170051, EB14170026, EB1417T0025, EB141T0024
Genoa PCM fs pleased to provide you with our proposal for your Uninterruptible Power System
requirements. We appreciate the opportunity ta present a solution that offers unparalleled reliability
and efficiency.
Our Proposed Bifl of Materials Includes the following items and services:
Option 1: Eaton Single Phase Battery, Battery Installation, Removal and Disposal for 60 Batteries 24X7
FRS724{NSTO72 { Install, Removal ,Disposal) $4998
ASY-0529 / PW9170 BATT PACK 60V $531.66 each $31,900
Solution Total: $36,898.00
Option 2; Eaton Single Phase Battery, Battery installation, Removal and Disposal for 6 Batteries 24X7
FRS724INSTO72 (Install, Removal ,Disposal) $1100
ASY-0529 / PW9170 BATT PACK 60V $592.00 each $3552
Solution Total: $4652.00
Specification Compliance Statement: All items included in this bid are shown in the bill of material
shown above. There is no suggested or implied inclusion or compliance of equipment or services not
listed. We have included Eaton’s standard terms and conditions of sale for your review.
Shipping & Taxes are Not included
Eaton Corporation’s terms and conditions shall apply (copy attached) to any purchase order received
under this quote. Any additional or different terms proposed by customer, whether on its purchase
order or any other document shail not be binding upon Eaton Corporation and are hereby rejected
unless expressly agreed upon in writing by Eaton Corporation,
Seller shall not be responsible for any failure to perfarm, or delay in performance of, its
obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall
not be entitled to any damages resulting thereof.

Important: Batteries are consumable products and must be stored and operated under the specified
environmental conditions, Batteries may be shipped with as little as 3-months of charge on them. Field
recharging or the unit startup will need to occur before this date. Cabinets containing batteries will be
marked on the outside packaging as well as internally for when the batteries must be recharged, or the
warranty is void. Customers should note this date upon delivery to.ensure batteries arenot only
maintained per our enviranmental recommendations fer warranty purposes but also recharged in time
to maintain their warranty, Failure to follow these requirements may result in battery replocement at the
purchaser's expense. After an initial field recharge the next recharge date will be in 6 months. Eaton
allows only 2 field recharges (Eaton batteries}. Other battery manufacturers may limit the number of
recharges on a case by case basis. Recharging require a dedicated 120V 15-Amp outlet. The 15A Circuit
must have no other loads on it other than the charger. Please reference Eaton’s Battery Application Note
on Shelf Life & Recharging.
Taxes are not included in-this quotation. Terms are Net 30. Pricing is good for 30 Days from quotation
date., Should this proposal result in a purchase order, please issue it to Eaton's Chicago address listed
below. Return all attachments with this signed agreement & purchase order to
katherine@genoapcm.com
Eaton Corporation
C/O Genoa PCM, LLC
29085 Network Place
Chicago IL 60673-1290
Regards,
Katherine Davis | Genoa PCM, LLC | 401-575-8048 | katherine@zenoapcm.com
Accepted By: Name: Title Date Purchase Order
Number

E:TeN
Powertty Susinoss Worktivide
Eaton Corporation
Terms and Conditions of Sale
1) PRICES. All prices ara firm for equipment ordered within thirty (30) days from date of quote, othervise prices
may escajate. Prices stated do not include installation, freight. and handling charges unless these items are
specifically listed and priced. Hf Eaton Corporation (‘Seller’) is required to pay or collect any tax, excise, duty or levy,
an additional charge vill be made and paid by Purchaser unless Seller is fumished with a proper exemption
certificate. Prices stated are F.O.B. factory (unless otherwise stated) and fitle and risk of loss to each article sold
by Seller to Purchaser shall pass to Purchaser upon delivery at the F.O.H. point,
2) PAYMENT. Purchaser will be invoiced on date of shipment far al] deliverable items of hardware, sohware, and
services, Applicable taxes and/or freight charges will be billed as a separate fine Rem. Payment of these invoices is
due within thirty (30) days of the Invoice date. Payment to Seller shall not be contingent on third pany psyments
to Purchaser. Any payment not made when due shall be subject to an interest charge at the maximum rate
permitted by law, Additionally, if any payment is not made when due, Seller reserves the right to refuse to provide
any further services until such payment and the applicable interest charge have been received.
3) CANCELLATIONITERMINATION/CHANGE, Purchaser may not cancel or terminate its purchase ordar without
prior written notice to Seller and upon payment of cancellation charges which shall take into account, among
other things, expenses already incurred and commitments made by Seller, Cancellation charges sre as follows:
{a) for standard items, cancellation between 61-00 days prior to shipment, 25% of the total invoice: between 31-60
days prior to shipment 60% of the total invoice: between 0-30 days prier to shipment, ar after order has shipped,
100% of the total invoice; (b) 100% of total invoice on all custom aspects of an arder; (c) 1006 of the total invoice
on all drop ship items (e.g. batteries. racks, MBPs, PDUs etc.). Changes made to an order may be subject to
increase or decrease in purchase order amount, change order charges, and changes in schedule data.
4) SHIPIAENT. Shipment estimates are after receipt of a purchase order at the factory. If drawings are required
for approval before Seller is authorized to proceed with manufacture, then shipment estimates are after receipt of
vweitten approval to proceed. If Purchaser cannot accept delivery of equipment. it wil arrange for storage. Seller shall
not be liable or responsible for any damages or loss for delay or default in delivery due to any cause beyond
Seller's reasonable control, nor shall Purchaser cancel or have the right to cancel its purchase arder because of
delays or default in delivery due to such causes.
5} LIMITED WARRANTY. Seller warrants the equipment purchased hereunder In accordance with the terms of the
limited warranty applicable hereto (Limited Warranty”) and provided separately to Purchaser,
6} CONDITIONS OF SALE. The quote, Limited Warranty, and Seller's acknowledgement of Purchasers order shalt
supersede all other documents and shall constitute the entire agreement between the Partias. No modification of this
Agreement whether by Purchaser in its purchase order or otherwise. shall have effect or be binding upon Sellar.
In the fumishing of equipment, warranty or any other services of any type, Seller assumes no responsibility for any
damage or injury to any persons ar property except for such damages or injury that may be held to result solely and
directly from or out of the negligent acts, errors, omissions or willful misconduct by Seller, its agents or employees in
the performance of its obligations under this Agreement, The remedies of Purchaser set forth in this Agreement are
exclusive and are its sole remedies for any failure of Seller to comply with its obligations hereunder. Notwithstanding
anything in this Agreement or othenvise to the contrary, in no event shall the Partes, or their respective officers,
directors, employees or agents be liable to the other for damage ta property or equipment, other than to those
products sold hereunder, or any incidental, indirect, special or consequential damages, such as, but not limited to,
delay damages, lost prmfits or revenue, lost data, foss of use or lost opportunity damages, resulting from or in
connection with arly claim or cause of action, whether braught in coniract or in tort, even if the Parties knew or should
have known of the possibility of such damages. The pial cumulative Mability of Seller arising from or related to this
Agreement vhether the claims are based in contract, in tort (including negligence or strict fiabifity} or otherwise, shall
fot exceed the price of the product or services on which such lizbility is based. THIS AGREEMENT AND LIMITED
WARRANTY MUST BE INCLUDED I] ANY PURCHASE ORDER ISSUED BY PURCHASER, BY REFERENCE
TO QUOTE NUMBER, it ORDER FOR THE ORDER TO BE ACCEPTED BY SELLER AND FOR THE
WARRANTY TO APPLY.
Eaton Corporation
Terms and Conditions of Safe
Revised 04/14
SPIBIQ02EN