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League of Minnesota Cities Model Policy 7/11/2016 <br />Donation of Surplus Equipment to a Nonprofit Organization Page 6 <br />DISCLAIMER OF WARRANTIES. The City makes no agreement, warranty or representation, <br />either express or implied, as to the value, design, condition, merchantability or fitness for any <br />particular purpose or use of the Surplus Equipment by the recipient or any other user. <br /> <br />The recipient acknowledges the Surplus Equipment may be defective and that it cannot be relied <br />upon for safety purposes. The recipient has a duty to inspect the Surplus Equipment before it is <br />used for any purpose. <br /> <br />The recipient acknowledges that the City is not a manufacturer of the Surplus Equipment or a <br />dealer therein; that the Surplus Equipment is being provided “as-is” and “with all faults,” it being <br />agreed and understood that all of the aforementioned risks are to be borne by the recipient or user <br />of the Surplus Equipment. <br /> <br />In no event shall the City be liable for any damages in connection with or arising out of the <br />recipient’s or any other person’s or entity’s use of the Surplus Equipment. <br /> <br />I acknowledge that the Donation of any Surplus Equipment to my organization is subject to the <br />City’s Policy for Donation of Surplus Equipment to a Nonprofit Organization. <br /> <br />I have authority to request a Donation from the City and to bind my organization to the terms of <br />this form. <br /> <br />Signature of Applicant _____________________________________ <br /> <br />Date _____________________ <br />