Southtowns Record

TBA03.23.2026packet

Government
Town of West Seneca
Board
Town Board
Meeting
Mar 23, 2026, 6:00 p.m.
Posted by publisher
Mar 20, 2026
Kind
Agenda packet
Topics
Budget and taxes, Public safety, Water, sewer and drainage, Parks and recreation, Zoning and land use, Roads and traffic, Audits and oversight

Original document

Same meeting

Text · page 74 of 231

Read the whole document on one page (all 231 pages, each with its own heading)

TERMS AND CONDITIONS

1. Equipment and Services: NAME OF CUSTOMER: [NY] West Seneca Township Parks and Recreation
(“Customer” or “You”) requires access to certain equipment and software and Intelligent Marking USA Inc. dba Turf Tank (“Turf Tank”, “us” or “we”) has the right to
rent or sell the equipment listed above and, on any schedule, attached to this Agreement (the “Equipment”) and to provide access to certain software embedded in
the Equipment. Turf Tank ApS (the “Owner”) holds full and unconditional title to the Equipment and all underlying software (see Section 3 below). This Agreement
is effective on the date that it is accepted and signed by us, and the term of this Agreement begins on that date or any later date that we designate (the
“Commencement Date”) and continues thereafter for the number of months indicated above (“Initial Rental Term”). This Agreement shall automatically renew for
successive twelve (12) month periods (each an “Extended Term” and together with the Initial Term, the “Term”) unless either party notifies the other party of its
intent not to renew at least thirty (30) days prior to the expiration of the Initial T erm or then-current Extended Term. Turf Tank grants you a limited, nontransferable, non-
sublicensable right to use the Equipment and underlying software during the Term of this Agreement, subject to these terms and conditions.
2. Fees, Billing, and Payment Terms: The implementation fee and the initial Equipment subscription fee (“Service Fees”) will be invoiced on the date of Equipment
shipment and shall be payable Net 18 from the invoice date. At each Renewal Term, the Service Fees will be invoiced thirty (30) days prior to the anniversary of the
install date and shall be payable Net 30 from the invoice date. In addition to Service Fees, you agree to pay when due, either directly or as reimbursement to Turf
Tank, all sales, use and personal property taxes and charges in connection with the ownership and use of the Equipment, unless you provide us with a copy of your
valid tax-exempt certificate. Any such applicable charges will be reflected on invoices issued to you. You agree to pay all undisputed charges on a timely basis. You
shall provide written notice of, and the basis for, any such good faith disputed amount, (via e-mail at [email protected]) within forty-five (45) days of the date of
the invoice. The parties will reasonably and expeditiously work to resolve the dispute. Failure of Turf Tank to invoice you in a timely manner for any amounts due
under this Agreement shall not be deemed a waiver by Turf Tank of its rights to payment and all outstanding amounts shall remain due and payable in full by you.
3. Title: The Owner, a Danish private limited company validly incorporated under the laws of Denmark with a company registration no. 36722436 and a registered
address at Skjoldet 20 DK9230 Svenstrup J, has full and unconditional title to the Equipment and software.
4. Equipment Use, Maintenance, Warranties and Data Access: During the Term, Turf Tank hereby transfers to you any manufacturer warranties to the extent the
same are provided to us by Owner, and such warranty coverage is set forth on Subscription Warranty document to this Agreement (“Warranty”). You shall promptly
notify us of any defect or issue related to the Equipment covered by Warranty (“Warranty Claim”) and Turf Tank will, at our option, and as our sole and exclusive
liability and your sole and exclusive remedy, either repair the defect or issue, or replace the Equipment. Aside from items covered by Warranty, you shall, at your
cost, keep the Equipment in good working condition, including maintaining all supplies and repairs. You hereby acknowledge and consent to the acquisition by us
or Owner of certain data generated from your operation of the Equipment (“Usage Data”). You agree that we or Owner shall own all rights in and to such Usage
Data, and may access and use such Usage Data. The Warranty does not apply to any Equipment that has been: (i) subjected to (a) abuse, misuse, neglect,
accident, (b) improper testing, installation, storage, or handling, (c) abnormal physical stress, environmental conditions or use contrary to any instructions issued
by us; (ii) reconstructed, repaired or altered by any party other than Turf Tank; (iii) used with any third-party product(s), hardware or product that has not been
authorized in writing by Turf Tank; or (iv) damaged or destroyed due to an event beyond your or our reasonable control.
5. Assignment: You shall not transfer, sell, sublease, assign, pledge, or encumber either the Equipment or any rights under this Agreement without Turf Tank’s prior
written consent. You agree that Turf Tank may freely sell, assign, or transfer this Agreement. The rights of the new owner will not be subject to any claims,
defenses, or setoffs that you may have against us, the Owner or any third party.
6. Risk of Loss; Limit of Liability: To the fullest extent permitted by applicable law, you are responsible for all risks of loss or damage to the Equipment and responsible
and liable for any personal injury (including death), or real or personal property damage resulting from the Equipment, and if any such damages or loss occurs, you
shall be required to satisfy all of yourobligations under this Agreement. Neither we nor the Owners are responsible for any losses or injuries caused by the
Equipment. In no event shall Turf Tank or Owner be liable to you or any third party for any lost profits, loss of data, special, consequential, exemplary, punitive,
incidental, or indirect damages or costs (including legal fees and expenses) in connection with any claim arising from this agreement. The total cumulative liability
shall not in the aggregate exceed the service fees paid by you to Turf Tank under this agreement in the twelve (12) months immediately preceding the event.
7. End of Agreement: At the end of the Term, you shall have the option to renew the existing agreement for an additional three (3) years at current rate or the
Extended Term from section 1 takes effect and shall automatically renew for an additional twelve (12) months. If you choose to end agreement per section 1
conditions, you shall return the Equipment in Good Working Condition (as defined below) at your cost to the location we specify. The Equipment must be returned
with accessories, parts, and major components that were originally delivered with the equipment. Major components consist of but not limited to the following – the
control unit, rover, base station, robot batteries, etc. Any clear, visual damage to the Equipment that will require repair, as determined in Turf Tank’s discretion, will
be invoiced. Regular wear and tear is acceptable. “Good Working Condition” of Equipment means: (a) the base must be able to power on and connect to a
minimum of 12 satellites; (b) the robot must be able to power on and connect to a tablet; (c) the robot must be able to run the standard installed plan; and (d) the
tablet must be able to power on and connect to the robot.
8. Default and Remedies: You shall be deemed in default on this Agreement if: (a) you fail to pay any Service Fees or any other amount when due; or (b) you breach
any other obligation under this Agreement or any other agreement with us. If you are in default, we may: (i) remotely disable the Equipment and/or its software so
that it is unable to function for its intended use, (ii) escalate the aged debt to a third party collection agency, (iii) place any supplies, parts or service on hold, (iv)
peacefully repossess the Equipment, and (v) pursue any and all other legal and/or equitable remedies for any unpaid balances, including court costs and legal fees.
9. Attorney Fees and Miscellaneous: This Agreement was made in the State of Georgia, is to be performed in OH and shall be governed in accordance with the
laws of OH. Any action arising out of this Agreement shall be adjudicated in a court of competent jurisdiction in Cobb County, Georgia. You agree the Equipment
shall only be used for your internal business purposes and not for personal, family or household use, and shall not be moved from the above location or a location
under your control, without our consent. We, or whoever we authorize hereto, may inspect the Equipment during the Term of this Agreement. Any amendment or
revision to this Agreement must be in writing and signed by both parties to be enforceable. You agree that a facsimile or electronic mail copy of this Agreement
with facsimile or electronic mail signatures may be treated as an original and will be admissible as evidence of this Agreement.
10. Special Terms: BuyBoard info within the comments down below

FIRST INVOICE DETAILS  CUSTOMER SIGNATURE  TURF TANK REPRESENTATIVE

 1st Subscription Invoice  +  $16,000.00  Full Name  Full Name
  Zach Grosenheider
 Implementation Fee  +  $1,275.00
  Title  Title
  Sales Manager
 Other  +
  Date  Date
 Total Payment Enclosed  +  $17,275.00
  2026-03-10
  DUE NET 18  Other:  Signature  Signature

  Page 74 of 231