INDEMNITY - The vendor shall indemnify, defend and hold harmless the City of Surprise, its agents, officers, officials and employees from and against any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including any reasonable attorneys’ fees and/or litigation expenses, which may be brought or made against or incurred by City on account of: (1) defects in materials or workmanship of the goods; (2) loss or damage to any property or interest of the City, or any damages, injury to any person or property, or death of any person arising out of, relating to, or alleged to have resulted from any acts, errors, deliveries, work, or services of the vendor, its employees, agents, or representatives, including but not limited to claims or demands arising from accidents occurring on City property, whether or not caused by negligence of the vendor, its employees, agents, or representatives, or that of any person, firm or entity; and (3) infringement or alleged infringement of any patent in connection with the manufacturer or use of the goods.

WARRANTY - The vendor expressly warrants all items to be new, free from defects in design, materials and workmanship, and to be fit and sufficient for their intended purpose. Unless otherwise specified, all items shall be guaranteed for the minimum period of one year against defects in materials and workmanship. During that period, if a defect should occur, that item shall be repaired or replaced by the vendor at no cost or obligation to the City, except where it is shown that the defect was caused by misuse and not faulty manufacturer. Any sample or model submitted shall create an express warranty.